Page 135 - Week 01 - Wednesday, 15 February 2012
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summarise this evolution in order to highlight just how outdated the legislation has become.
In 1993 the Commissioner for the Environment Act created the position of Commissioner for the Environment. Under the act, the commissioner’s functions centred on the investigation and monitoring of environmental management issues within the territory.
In 2003-04 an independent review of the office recommended that the government consider assigning responsibility for sustainability reporting to the commissioner and changing the title of the office and position to reflect this expanded role. The review also found a high level of regard for the commissioner’s work and recommended that resources for the office be increased. Whilst the review was endorsed by the government, no additional resources were provided to the commissioner.
Since the act was introduced in 1993 numerous legislative, institutional and structural changes have occurred which are relevant to the commissioner’s functions and which extend the boundaries of traditional “environmental issues” to encompass broader sustainability matters, in which economic, environmental and social sustainability overlap.
These changes include the enactment of the Environment Protection Act 1997, which defines “environment” broadly; the enactment of the Public Health Act 1997, requiring the Chief Health Officer to prepare biennial community health reports; and the enactment of the Auditor-General’s Act 1996, which requires the Auditor-General to, where indicated, account for ecological sustainability concerns when conducting performance audits.
The fourth area of change has been the government’s commitment as part of its 2009 sustainability policy to monitor and report on progress towards sustainability goals in each term of government. Finally, there has been the establishment of other independent entities, including the Flora and Fauna Committee, the tree adviser and Natural Resource Management Advisory Committee, to provide advice on and investigate matters related to the environment. Despite the implications of these developments for the commissioner’s functions, no legislative changes have been made to account for their presence.
In August 2007 a further review of the commissioner’s role was undertaken, this time by former commissioner Mr Darro Stinson, who recommended that the commissioner be involved in reviewing government agency sustainability action plans. In September 2007 the government announced that the commissioner’s role would be expanded to explicitly include sustainability, that the position would become full time and that further work in defining the role and any required legislative changes would be pursued.
In November 2007 the Assembly noted that the government would amend the legislation to reflect the commissioner’s expanded role and that it would consult widely on the scope of legislative change required. Throughout 2008 and 2009 an extensive process of community consultation took place, led both by the government
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