Schedule 1A—Implementation of Stormwater Management Agreement
Division
1—Preliminary
(1) In this
Schedule—
approved stormwater management plan means a stormwater management plan in
relation to which a notice of approval has been published under
clause 19;
Authority means the Stormwater Management Authority continued in existence
under clause 5;
Committee —see clause 15;
Fund means the Stormwater Management Fund continued in existence under
Division 5;
infrastructure includes associated devices and works;
Metropolitan Adelaide has the same meaning as in the Development Act 1993
;
metropolitan council means a council whose area is wholly or partly within
Metropolitan Adelaide;
public authority means—
(a) a
Minister; or
(b) an
agency or instrumentality of the Crown; or
(c) a
council or council subsidiary;
regional landscape board means a regional landscape board within the meaning
of the Landscape South Australia Act 2019 ;
Stormwater Management Agreement means the agreement approved in accordance
with clause 2;
stormwater management plan —see Division 3.
(2) A reference to the
Minister in a provision of this Schedule is a reference to—
(a) if
the Governor has, by notice in the Gazette, assigned the functions of the
Minister for the purposes of that provision to a Minister specified in the
notice—the Minister so specified; or
(b) in
any other case—the Minister responsible for the administration of this
Act.
2—Approval of Stormwater Management Agreement
(1) The Agreement on
Stormwater Management entered into by the State of South Australia and the LGA
in August 2013 is approved.
(2) If the State of
South Australia and the LGA agree—
(a) to
vary the Stormwater Management Agreement; or
(b) to
enter into a new agreement in substitution for the Stormwater Management
Agreement,
the agreement as so varied or substituted—
(c) must
be laid before each House of Parliament; and
(d) when
it has been laid before both Houses of Parliament is (subject to
subclause (3)) taken to be approved.
(3) An agreement that
has been laid before each House of Parliament in accordance with
subclause (2) may be disallowed by resolution of either House of
Parliament and will cease to be taken to be approved.
(4) A resolution is
not effective for the purposes of subclause (3) unless the resolution is
passed in pursuance of a notice of motion given within 14 sitting days
(which need not fall within the same session of Parliament) after the
agreement was laid before the House.
(5) When a resolution
referred to in subclause (3) of this clause has been passed, notice of
that resolution must be published in the Gazette.
(6) If an agreement
laid before each House of Parliament in accordance with subclause (2)
(the later agreement ) is disallowed by resolution of either House of
Parliament, the agreement approved in accordance with this clause immediately
before the later agreement was taken to be approved is then taken to be
approved.
The objects of this Schedule are as follows:
(a) to
ensure the proper operation of the Stormwater Management Agreement—
(i)
by the continuation of the Stormwater Management
Authority referred to in the Agreement; and
(ii)
by putting in place administrative and funding
arrangements, and conferring powers, necessary for the proper discharge of
State and local government responsibilities relating to stormwater management
as stated in the Agreement;
(b) to
ensure that environmental objectives and issues of sustainability are given
due consideration in the discharge of State and local government
responsibilities relating to stormwater management as stated in the Agreement.
This Schedule is in addition to and does not limit or derogate from the
provisions of any other Act.
Division 2—Stormwater Management Authority
5—Continuation of Stormwater Management Authority
(1) The Stormwater
Management Authority continues in existence.
(2) The
Authority—
(a) is a
body corporate with perpetual succession and a common seal; and
(b) is
capable in its corporate name of acquiring, holding, dealing with and
disposing of real and personal property; and
(c) is
capable of acquiring or incurring any other rights or liabilities and of suing
and being sued in its corporate name.
(3) The Authority may
borrow money or accept other forms of financial accommodation but only in
accordance with the written approval of the Treasurer.
The Authority has the following functions:
(a) to
liaise with relevant public authorities with a view to ensuring the proper
functioning of the State's stormwater management system;
(b) to
contribute to the urban water plan for Greater Adelaide and lead the
implementation of elements of that plan relating to stormwater;
(c) to
facilitate and co-ordinate stormwater management planning by councils;
(d) to
formulate policies and provide information to councils in relation to
stormwater management planning (including policies and information promoting
the use of stormwater to further environmental objectives and address issues
of sustainability including the use of stormwater for human consumption, for
the maintenance of biodiversity and other appropriate purposes);
(e) to
facilitate programs by councils promoting the use of stormwater to further
environmental objectives and address issues of sustainability including the
use of stormwater for human consumption, for the maintenance of biodiversity
and other appropriate purposes;
(f) to
ensure that relevant public authorities co-operate in an appropriate fashion
in relation to stormwater management planning and the construction and
maintenance of stormwater management works;
(g) to
provide advice to the Minister in relation to the State's stormwater
management system;
(h) to
carry out other functions conferred on the Authority—
(i)
under this Schedule; or
(ii)
by the Minister with the agreement of the LGA.
(1) The board of the
Authority consists of an uneven number of members, being—
(a) a
presiding member appointed by the Minister on the nomination of the LGA (with
the agreement of the Minister); and
(b) not
less than 6 other members appointed by the Minister (half of whom are to be
appointed on the nomination of the Minister and half of whom are to be
appointed on the nomination of the LGA).
(2) One of the members
appointed under subclause (1)(b) must be appointed by the Minister as the
deputy presiding member and that member may act as the presiding member if the
presiding member is absent and no person has been appointed to act as the
presiding member in accordance with subclause (7).
(3) A person nominated
for appointment to the board must have appropriate qualifications or
experience in public administration, water resources, stormwater management,
mitigation of flood hazards, environmental management or infrastructure
development.
(4) At least 1 of the
members appointed on the nomination of the LGA must be a person who, in the
opinion of the LGA, has appropriate qualifications or experience to represent
the interests of regional local government.
(5) The qualifications
or experience of appointed members of the board must be made publicly
available in a manner determined by the board.
(6) At least 1 member
of the board must be a woman and at least 1 member must be a man.
(7) The Minister may
grant a member of the board leave of absence from the board and appoint a
suitable person to act as a member of the board during that period of absence
(provided that if the member being granted leave was appointed on the
nomination of the LGA, the person appointed to act as a member in his or her
absence must also be appointed on the nomination of the LGA).
8—Terms and conditions of office
(1) A member of the
board is appointed on conditions determined by the Minister for a term, not
exceeding 3 years, specified in the instrument of appointment and,
at the expiration of a term of appointment, is eligible for reappointment.
(2) The Minister may
remove a member of the board from office—
(a) for
breach of, or non-compliance with, a condition of appointment; or
(b) for
misconduct; or
(c) for
failure or incapacity to carry out official duties satisfactorily.
(3) The office of a
member of the board becomes vacant if the member—
(a)
dies; or
(b)
completes a term of office and is not reappointed; or
(c)
resigns by written notice to the Minister; or
(d) is
removed from office under subclause (2).
A member of the board (other than a member who has been appointed as an
employee of a public authority) is entitled to remuneration, allowances and
expenses determined by the Minister.
An act or proceeding of the board is not invalid by reason only of a vacancy
in its membership or a defect in the election or appointment of a member.
(1) Subject to
subclause (2), a quorum of the board consists of 5 members.
(2) If any member of
the board is required, in accordance with procedures of the board, to leave a
meeting due to a declared conflict of interest, the member may still be
counted as if he or she were present at the meeting for the purpose of
determining whether a quorum is present at the meeting.
(3) The member
appointed as the presiding member of the board will preside at any meeting of
the board or, in the absence of that member (or any person who may act in the
place of that member in accordance with
clause 7(2) or (7))—
(a) if a
person present at the meeting has been appointed to act as the presiding
member in accordance with clause 7(7)—that person will preside; or
(b) if
no person present at the meeting has been appointed to act as the presiding
member in accordance with clause 7(7) but the deputy presiding member is
present—the deputy presiding member will preside; or
(c) in
any other case—a member chosen by those present will preside.
(4) A decision carried
by a majority of the votes cast by the members present at a meeting of the
board is a decision of the board, provided that at least 3 of the
members present vote in favour of the decision.
(5) Each member
present at a meeting of the board has 1 vote on any question arising
for decision.
(6) The board must
hold meetings at least quarterly.
(7) A conference by
telephone or other electronic means between the members of the board will, for
the purposes of this clause, be taken to be a meeting of the board at which
the participating members are present if—
(a)
notice of the conference is given to all members in the manner determined by
the board for the purpose; and
(b) each
participating member is capable of communicating with every other
participating member during the conference.
(8) A proposed
resolution of the board becomes a valid decision of the board despite the fact
that it is not voted on at a meeting of the board if—
(a)
notice of the proposed resolution is given to all members of the board in
accordance with procedures determined by the board; and
(b) a
majority of the board members express their concurrence in the proposed
resolution by letter, email or other written communication setting out the
terms of the resolution.
(9) The board must
have accurate minutes kept of its meetings.
(10) Subject to this
Schedule, the board may determine its own procedures.
(1) The Authority may
delegate a function or power—
(a) to a
specified person, committee or other body; or
(b) to a
person occupying a specified office or position.
(2) However, the
Authority may not delegate—
(a)
power to issue an order under clause 20; or
(b)
power to make a recommendation to the Minister under clause 26.
(3) A
delegation—
(a) may
be made subject to conditions and limitations specified in the instrument of
delegation; and
(b) if
the instrument of delegation so provides, may be further delegated by the
delegate; and
(c) is
revocable at will and does not prevent the Authority from acting in a matter.
The Authority may, by arrangement with the relevant body, make use of the
services of the staff, equipment or facilities of—
(a) an
administrative unit in the Public Service; or
(b) an
agency or instrumentality of the Crown; or
(c) a
council; or
(d) the
LGA.
14—Documents to be prepared and maintained by Authority
(1) The Authority
must, within 3 months after the commencement of this clause, prepare (to the
satisfaction of the Minister and the LGA) the following documents:
(a) a
strategic plan that includes—
(i)
details of the strategic approach to be taken by the
Authority in relation to implementation of the urban water plan for Greater
Adelaide (as it relates to stormwater) during the period to which the
strategic plan relates; and
(ii)
details of the strategic approach to be taken by the
Authority in relation to stormwater management in regional South Australia
during the period to which the strategic plan relates; and
(iii)
any other matters determined by the Authority;
(b) a
business plan that is consistent with, and supports, the strategic plan and
includes—
(i)
details of the manner in which the Authority will carry
out its functions during the period to which the business plan relates; and
(ii)
a list of priority catchments for which stormwater
management plans should be prepared, and stormwater infrastructure projects
are expected to be completed, during the period to which the business plan
relates; and
(iii)
any other matters determined by the Authority;
(c) a
code of ethics to apply to members of the board;
(d) a
guide for persons wishing to apply to the Authority for money from the Fund
(in accordance with clause 22).
(a)
review the strategic plan at least every 5 years; and
(b)
review all other documents required under subclause (1) every year,
and following such a review must make appropriate changes (to the satisfaction
of the Minister and the LGA) to the relevant document.
(3) In this
clause—
period to which the business plan relates means the period
of 3 years after the plan was prepared or last reviewed (as the case
may require);
period to which the strategic plan relates means the period
of 10 years after the plan was prepared or last reviewed (as the
case may require).
15—Stormwater Advisory Committee
(1) The Minister may,
at the request of the Authority, establish a Stormwater Advisory Committee
(the Committee ) to provide advice to the Authority on technical, planning,
policy or legal matters relating to the functions of the Authority in
accordance with terms of reference established and maintained under the
Stormwater Management Agreement.
(2) The Committee
will, if established under this clause, consist of members appointed by the
Minister (and on conditions and for a term determined by the Minister) of
whom—
(a) at
least 1 is to be appointed on the nomination of the Minister
(and 1 of the members so appointed is to be appointed as the
presiding member); and
(b) at
least 1 and not more than 3 are to be appointed on the nomination of the LGA
(provided that the number of members appointed under this paragraph will not
exceed the number appointed under paragraph (a)).
(3) Subject to any
written directions from the Minister, the Committee will determine its own
procedures.
Division 3—Stormwater management plans
(1) The Authority must
issue guidelines for the preparation of stormwater management plans by
councils.
(2) The
guidelines—
(a) must
be prepared—
(i)
with advice of the Committee (if established under
clause 15); and
(ii)
in consultation with the LGA; and
(b) must
set out objectives to be reflected in stormwater management plans; and
(c) must
set out appropriate public consultation processes to be followed by councils
in the preparation of stormwater management plans; and
(d) must
be approved by the Minister and the Minister responsible for the
administration of the Landscape South Australia Act 2019 ; and
(e) once
approved, must be published in the Gazette.
(3) The objectives set
out in the guidelines must—
(a) be
consistent with the objectives of the Stormwater Management Agreement; and
(b)
include—
(i)
environmental objectives; and
(ii)
objectives addressing issues of sustainability,
that are consistent with the objects of the Environment Protection
Act 1993 , the Landscape South Australia Act 2019 and other relevant
legislation aimed at protection or enhancement of the environment, the
maintenance of biodiversity and the sustainable management of natural
resources.
17—Preparation of stormwater management plans by councils
(1) A stormwater
management plan prepared by a council or group of councils must—
(a)
comply with the guidelines issued by the Authority; and
(b) be
prepared in consultation with the relevant regional landscape board or boards;
and
(c) be
prepared in accordance with any other procedures or requirements prescribed by
the regulations.
(2) A regional
landscape board must consider any stormwater management plan prepared in
respect of an area that falls within the region of the board and must, by
notice in writing given as expeditiously as practicable, advise the Authority
whether, in the opinion of the board, the stormwater management plan contains
appropriate provisions.
18—Authority may require preparation of stormwater management plan
(1) The Authority may,
of its own motion or at the request of a regional landscape board, by notice
in the Gazette require a specified council or specified councils—
(a) to
prepare a stormwater management plan; or
(b) to
revise an existing stormwater management plan and prepare a replacement
stormwater management plan.
(2) A stormwater
management plan or replacement stormwater management plan required to be
prepared by a council or councils under this clause must be provided to the
Authority for approval under clause 19 and the council or councils will
not be taken to have complied with the notice for the purposes of Division 4
until such approval is given.
(3) A notice under
subclause (1) must specify—
(a) in
the case of a notice under subclause (1)(a)—the areas in respect of
which the stormwater management plan is to be prepared (whether described as
hydrological catchment areas, towns, regions or otherwise); and
(b) in
the case of a notice under subclause (1)(b)—the existing stormwater
management plan to which it relates and whether the Authority want the whole
or particular parts of the plan revised; and
(c) in
any case—the time within which the plan or the replacement plan (as the
case may be) is to be provided to the Authority for approval under
clause 19.
(4) A notice under
subclause (1) may be varied or revoked by the Authority by subsequent
notice in the Gazette.
19—Approval of stormwater management plans
(1) The Authority may
approve a stormwater management plan prepared by a council or councils.
(2) However, the
Authority must not approve a stormwater management plan unless it has—
(a)
received advice in relation to the plan from the relevant regional landscape
board or boards in accordance with clause 17(2); and
(b) if
the Committee has been established under clause 15—consulted with
the Committee in relation to the plan.
(3) The Authority may
approve a stormwater management plan prepared by a council or councils subject
to 1 or more conditions requiring that specified action be undertaken by the
council or councils before a specified date (and the approval will be taken to
lapse on that specified date if the action has not been taken).
(4) The Authority must
publish notice in the Gazette of the approval of a stormwater management plan.
Division 4—Orders
(a) a
council fails to comply with a notice under clause 18(1); or
(b) a
council fails to comply with an approved stormwater management plan prepared
by the council (or prepared by the council and another council or other
councils); or
(c) the
Authority is satisfied that action by a council is necessary to provide for
the management of stormwater by the provision of infrastructure or the
performance of any work or to preserve and maintain the proper functioning of
any stormwater infrastructure that the council has the care, control and
management of,
the Authority may serve on the council an order under this clause.
(2) The Authority must
not serve an order on a council under subclause (1)(c) unless the
Authority has (not less than 5 days before serving the order) given the
council written notice of its intention to serve the order.
(3) An order issued by
the Authority—
(a) must
be in the form of a written notice; and
(b) must
specify the council to whom it is issued; and
(c)
must—
(i)
in the case of an order issued under
subclause (1)(a)—specify the notice and set out the particulars of
the alleged failure; or
(ii)
in the case of an order issued under
subclause (1)(b)—specify the plan and set out particulars of the
alleged failure; or
(iii)
in the case of an order issued under
subclause (1)(c)—specify the action that, in the opinion of the
Authority, should be undertaken by the council; and
(d) may
impose any requirement reasonably required for the purpose for which the order
is issued.
(4) If a council to
whom an order is issued fails to comply with the order, the Authority
may—
(a) take
any action required by the order (as if the Authority were the council); and
(b)
apply money from the Fund to cover the costs and expenses incurred by the
Authority in taking the action or recover such costs and expenses (or any
portion of them) from the council as a debt, as the Authority thinks fit.
(5) However—
(a) the
Authority must, before taking any action under subclause (4), give the
council a reasonable opportunity to make submissions to the Authority in
relation to the matter; and
(b) if
the action required by the order was the preparation of a stormwater
management plan, the Authority—
(i)
must, in taking action under subclause (4) to
prepare the plan, comply with the guidelines issued under clause 17; and
(ii)
must not publish a notice of approval under
clause 19(4) unless the Minister has (after consultation with the LGA)
approved the plan prepared by the Authority.
(6) If costs and
expenses are to be recovered from a council as a debt, the Authority and the
council may enter into an agreement for the debt to be repaid over a period of
time, subject to the payment by the council of interest on the debt (at a rate
agreed by the Authority and the council).
Division 5—Stormwater Management Fund
21—Establishment of Stormwater Management Fund
(1) The Stormwater
Management Fund continues in existence.
(2) The Fund must be
kept as directed or approved by the Treasurer.
(3) The Fund is to
consist of the following money:
(a) any
money appropriated by Parliament for the purposes of the Fund;
(b) any
money contributed to the Fund by regional landscape boards;
(c) any
money received from the Local Government Disaster Fund;
(d) any
money paid into the Fund at the direction or with the approval of the Minister
or the Treasurer;
(e) any
money received by way of grant, gift or bequest or any other contribution for
the purposes of the Fund;
(f) any
income from investment of money belonging to the Fund;
(g) any
money paid into the Fund under any other Act.
(4) The Authority may,
with the approval of the Treasurer, invest any of the money belonging to the
Fund that is not immediately required for the purposes of the Fund in such
manner as is approved by the Treasurer.
(1) The Authority may
apply any part of the Fund (without further appropriation than this subclause)
for any of the following purposes:
(a) the
preparation of stormwater management plans (or replacement stormwater
management plans);
(b) the
carrying out of works or the acquisition of land (including by a council or
some other entity) in accordance with an approved stormwater management plan
or otherwise for the purpose of stormwater management;
(c)
community education and awareness programmes related to stormwater management;
(d)
projects or measures relating to water quality or pollution abatement;
(e)
investigations, research, pilot programmes or other projects relating to
stormwater management;
(f)
payment of the operational costs or expenses of the Authority;
(g) the
making of any payment required or authorised by or under this Schedule or any
other Act or law.
(2) If the Authority
is satisfied that a council—
(a) has
failed to comply with a condition imposed on an approval of a stormwater
management plan under clause 19(3); or
(b) has
failed to comply with an order under clause 20,
the Authority may refuse to make, or may cancel or suspend, a payment that
would otherwise have been made to the council from the Fund in respect of the
matter to which the stormwater management plan or order relates.
(1) The Authority must
cause proper accounts to be kept of money paid to and from the Fund.
(2) The
Auditor-General may, at any time, and must at least once in each year, audit
the accounts of the Fund.
Division 6—Miscellaneous
24—Special powers in relation to land
(1) Without limiting
any other provision of this Act, the Authority may, for the purpose of taking
action required by an order in accordance with clause 20 and a council
may, for the purpose of taking action consistent with the provisions of an
approved stormwater management plan or a condition imposed on approval of a
stormwater management plan or action required by an order under
clause 20—
(a)
enter and occupy any land; and
(b)
construct, maintain or remove any infrastructure; and
(c)
excavate any land; and
(d)
inspect, examine or survey any land and for that purpose—
(i)
fix posts, stakes or other markers on the land; and
(ii)
dig trenches or sink test holes in the land to determine
the nature of the top soil and underlying strata; and
(iii)
remove samples for analysis; and
(e)
alter water table levels, stop or reduce the flow of water in a watercourse,
divert water flowing in a watercourse to another watercourse or to a lake or
control the flow of water in any other manner; and
(f) hold
water in a watercourse or lake or by any other means; and
(g)
divert water to an underground aquifer, dispose of water to a lake,
underground aquifer or the sea, or deal with water in any other manner; and
(h)
deepen, widen or change the course of a watercourse, deepen or widen a lake or
take action to remove any obstruction to the flow of water; and
(i)
undertake any other form of work (including work
undertaken for the purposes of stormwater management or flood mitigation); and
(j)
undertake any testing, monitoring or evaluation; and
(k)
undertake any other activity of a prescribed kind.
(2) A council or the
Authority must not exercise a power under subclause (1)(b), (c), (h)
or (i) in relation to private land with the intention that any infrastructure
will be permanent unless—
(a) it
is intended that the owner of the private land will undertake the care,
control or management of any relevant infrastructure and the council or the
Authority (as the case may be) is acting with the agreement of the owner; or
(b) the
council or the Authority (as the case may be) has first acquired an easement
or other appropriate interest over the relevant land by agreement with the
owner or in accordance with the Land Acquisition Act 1969 and any other
applicable laws.
(3) Subclause (2)
does not limit or affect the ability of a council or the Authority to acquire
land by agreement for the purpose of constructing any infrastructure or
performing any work.
(4) In this
clause—
lake has the same meaning as in section 30 of the
Landscape South Australia Act 2019 ;
watercourse has the same meaning as in the Landscape South Australia
Act 2019 .
25—Entry and occupation of land other than council land
(1) This clause does
not apply to or in relation to land the use, or the care, control and
management, of which is vested in a council.
(2) The Authority or a
council must give reasonable notice of an intention to enter, or to enter and
occupy, land in accordance with clause 24 to the occupier of the land.
(3) The period of the
notice must be at least 2 business days except—
(a)
where the occupier has given his or her consent; or
(b) in
an emergency, in which case the Authority or council must give such notice (if
any) as it considers is reasonable in the circumstances.
(4) If the Authority
or a council enters or occupies land to which this clause applies, the
Authority or council (as the case may be)—
(a) must
cause as little harm and inconvenience as practicable; and
(b) must
not occupy the land for any longer than is reasonably necessary; and
(c) must
leave the land as nearly as possible in the condition in which it found the
land; and
(d) must
co-operate as far as practicable with any owner or occupier of the land.
26—Vesting of infrastructure etc
(1) Subject to this
clause, the Minister may, by notice in the Gazette made on the recommendation
of the Authority, vest in a public authority the care, control and management
of any stormwater infrastructure.
(2) Subject to this
clause, the Minister may, by notice in the Gazette made on the recommendation
of the Authority, vest in a public authority the care, control and management
of any public land that is specified in an approved stormwater management plan
as being land that should be under the care, control and management of the
public authority.
(3) The Minister must,
before publishing a notice vesting the care, control and management of
infrastructure or land in a public authority under
subclause (1) or (2), give the public authority a reasonable
opportunity to make submissions to the Minister in relation to the proposed
notice.
(4) If the care,
control and management of infrastructure or land is vested in a public
authority under subclause (1) or (2), the public authority is
responsible for the maintenance and repair of the infrastructure or the
maintenance of the land.
(5) A public authority
is not liable to pay compensation to another public authority in respect of a
notice under this clause.
(6) Subject to this
clause, the Minister may, by subsequent notice made on the recommendation of
the Authority, vary or revoke a notice under this clause.
(7) In this
clause—
public land means land vested in, or under the care, control and management
of, a public authority.
No liability attaches to the Crown, the Authority or a council in respect of
the preparation or approval of a stormwater management plan in accordance with
this Schedule.
28—Assessment of reasonable costs and expenses
For the purposes of this Schedule, the reasonable costs and expenses that have
been or would be incurred by the Authority in taking any action are to be
assessed by reference to the reasonable costs and expenses that would have
been or would be incurred in having the action taken by independent
contractors engaged for that purpose.
(1) In any
proceedings, a certificate executed by the Authority or the Minister
certifying as to a matter relating to—
(a) an
order of the Authority under clause 20; or
(b) a
notice under clause 26; or
(c) a
delegation or authority under this Schedule,
constitutes proof, in the absence of proof to the contrary, of the matters so
certified.
(2) In any proceedings
against a council for the recovery of reasonable costs and expenses incurred
by the Authority under this Schedule, a certificate executed by the Authority
detailing the costs and expenses, the purpose for which they were incurred and
(if relevant) the proportion payable by the council constitutes proof, in the
absence of proof to the contrary, of the matters so certified.
(3) An apparently
genuine document purporting to be an authorisation, order or other document,
or a copy of an authorisation, order or other document, issued or executed by
the Minister, the Treasurer or the Authority under this Schedule will be
accepted as such in the absence of proof to the contrary.
(1) The Authority
must, within 3 months after the end of each financial year deliver to the
Minister and to the President of the LGA a report on the operations of the
Authority during that financial year.
(2) The report must
include the following:
(a)
details of the extent to which the Authority's business plan has been
implemented during the financial year and of the changes to the business plan
proposed as part of the annual review required under clause 14(2)(b);
(b)
details of any decisions made by the Authority that differ from
recommendations made by the Committee (if established under clause 15);
(c)
details of any payments from the Fund during the financial year;
(d) an
assessment by the Authority of the adequacy of the Fund to meet claims on the
Fund under this Schedule and the Stormwater Management Agreement.
(3) The Minister must
cause a copy of the report to be laid before each House of Parliament within
12 sitting days after his or her receipt of the report.
Without limiting section 303, regulations may be made—
(a)
empowering the Authority to require the provision of reports, statements,
documents or other forms of information for the purposes of carrying out its
functions under this Schedule or otherwise in connection with the
administration or operation of this Schedule;
(b)
requiring the Authority to disclose information or provide records to the
Minister or the Treasurer or otherwise providing for Ministerial supervision
of the operations of the Authority;
(c)
imposing performance obligations on the Authority or requiring the preparation
of a charter or performance statements in relation to the operations of the
Authority;
(d)
setting out the duties and liabilities of the board of the Authority and
members of the board of the Authority;
(e)
making any provision in relation to the financial arrangements or corporate
governance of the Authority;
(f)
prescribing penalties (not exceeding a fine of $20 000) for contravention of a
regulation made in accordance with this clause.