1. Background

1. Background

1.1 The Bill was referred to the Committee on 25 June 1996 by the Selection of Bills Committee (Report No.6 of 1996).

1.2 The Bill was introduced into the House of Representatives on 19 June 1996.

 

Submissions

1.3 The Committee received 99 submissions, and these are listed at Appendix 1.

 

Meetings

1.4 The Committee considered the Bill at 8 private meetings. A total of 6 separate public hearings were held and details of these and the private meetings are at Appendix 2.

 

Disagreement concerning funding of the Bill

1.5 Opposition and Democrat Senators (Senators Schacht, Lundy and Lees) wished to state that although they were in agreement with the general thrust of the report, in its consideration of the operation of the proposed Natural Heritage Trust Fund, their consideration of the Fund cannot be taken in any way as support for the Government's proposal to fund the Trust from the partial privatisation of Telstra. They believe the Trust must be funded from Consolidated revenue which in turn receives significant payments from the profits of Telstra.

1.6 Government Senators (Patterson, Campbell and Eggleston) were of the opinion that given the level of National debt, that it was necessary to use an alternate source of funding to ensure that the initiatives in this Bill are implemented.

 

2. The Bill

Purpose

2.1 The purpose of the Bill is to establish the Natural Heritage Trust of Australia Reserve.

2.2 Specifically, the Bill will establish the Natural Heritage Trust of Australia Reserve as a component of the Reserved Money Fund under the Financial Management and Accountability Act 1996 as soon as that Act comes into operation; moneys not immediately required for payment out of the Reserve will be invested and income from these investments will be paid into the Trust Reserve via Consolidated Revenue.

2.3 The main objective of the Reserve is "to repair and replenish Australia's natural capital infrastructure"[1] and "money in the Reserve will be spent on the environment, sustainable agriculture and natural resources management."[2] A major part of the expenditure under the Trust centers on five capital projects. The aim of the Trust is to ensure an integrated approach to environmental concerns and therefore the initiatives have been developed around five interdependent environmental packages - Vegetation, Rivers, Biodiversity, Landcare, and Coasts and Clean Seas.

2.4 To avoid confusion, the Committee agreed to use the terms 'packages' and 'initiatives' to describe the general overall areas of funding viz.: Vegetation, Rivers, Biodiversity, Landcare and Coasts and Clean Seas; and the terms 'projects' or 'capital projects' to describe the National Vegetation Initiative, the Murray-Darling 2001 Project, the National Reserve System, the National Land and Water Resources Audit and the Coasts and Clean Seas Initiative.

2.5 The primary objectives of each of the capital projects are given in Part 3, Sections 10 to 14 of the Bill.

 

Source of Funds

2.6 The Government has pledged to spend an additional $1.15 billion over the next 5 years on environmental and sustainable agriculture initiatives.[3] The main source of funds for the Reserve will be $1 billion from the partial privatisation of Telstra.

2.7 The government's pre-election policy statement "Saving Our Natural Heritage" stated:

2.8 It is the Government's intention to spend $693 million of the Trust funds on the five projects over a five year period. Specifically:

2.9 These funds are additional to other environmental programs and projects. Supplementary to the $693 million to go to the five projects is a further $456 million (making a total of $1.149 billion rounded to $1.15 billion) which is part of ongoing funding for environmental projects. Certainly, the Committee encountered a considerable amount of confusion in the community as to the difference between funds from the Trust and other funding available for environmental projects. This confusion was exacerbated by the inclusion in 1996-97 budget forward estimates for outlays of $29.6 m from both the Environment portfolio and the Primary Industries and Energy portfolio that initiate many of the programs specifically identified in the Natural Heritage Trust Bill.[6]

2.10 Other areas of expenditure are listed as environment protection, supporting sustainable agriculture, natural resources management, a purpose incidental or ancillary to any of the above, the making of grants of financial assistance for any of the above purposes and an accounting transfer purpose.[7]

2.11 The Bill makes provision for other amounts of money to be appropriated from Consolidated revenue to the fund as well as enabling gifts and bequests of money to be given to the Trust.[8] The Bill is not clear on the matter of interest earned by the Trust funds and the Committee wants this clarified.

2.12 As noted above, a number of policy statements support the view that all interest from the Trust Funds will be used for the environment, and the Bill has a short note about interest in Part 3 Section 10, however the Committee recommends that statements be included in the Bill to clarify this issue, categorically stating that all interest from the moment of inception of the Trust will be devoted to environmental Trust initiatives. Further, the Committee agreed that, whilst it may not be appropriate to include this in the Bill, the Government needs to clarify the issue of funds made available under the Trust and other funding for environmental projects.

 

Responsibility for the Trust

2.13 The Bill proposes that responsibility for the Trust should rest with a Board of two members - the Minister for Environment, Sport and Territories and the Minister for Primary Industries and Energy.[9]

2.14 Whilst the Bill does not specifically state it, the Minister for Environment is implied to have precedence. The Committee agreed that the Bill should clearly state that the Minister responsible for the Environment Portfolio will be the chair of the Board and thus have ultimate responsibility to Parliament.

2.15 The functions of the Board will be to provide a forum for consultation between the Ministers on matters relating to the Trust, decisions relating to expenditure and investments of moneys under the Trust, and decisions relating to regulations under the Bill, preparation of estimates and any other matters relating to the Bill.

2.16 The Bill requires the Board to prepare estimates of debits from the Reserve for each financial year[10] as well as having the Trust's financial statements examined by the Auditor-General.[11] These financial statements must be in accordance with the written guidelines issued by the Minister for Finance.

2.17 Further, the Minister for Environment, Sport and Territories must cause to be prepared an Annual Report including the operations of the Reserve, financial statements and the Auditor-General's report. The Annual Report is required to be tabled in Parliament within 15 sitting days of its completion. Under Section 33 of the Bill, the Minister for Primary Industries and Energy is required to provide such information as the Minister for Environment, Sport and Territories requires to prepare the Annual Report and financial statements.

 

3. Timeframe for the Inquiry

3.1 The Committee was originally required to report on the Bill by 22 August 1996, however, due to the complexity of the issues and the need to consult widely, the Committee sought an extension of time until 19 September 1996. A further extension of time was sought because the Committee's commitments at Estimates Hearings allowed little time for consideration of the draft report. The reporting date was set for 10 October 1996.

 

4. Issues

4.1 The Committee consulted a broad spectrum of interested parties across Australia and received submissions from environment groups, peak bodies, landcare groups, individuals, local and State/Territory Government bodies, water authorities, research specialists, and Commonwealth Government bodies.

4.2 The majority of witnesses and submissions expressed support for the general thrust of the Bill and its initiatives and the comments made by the Australian Conservation Foundation (ACF), CSIRO (Commonwealth, Scientific and Industrial Research Organisation) and the World Wide Fund for Nature (WWF) are examples.

4.3 However, the Australian Conservation Foundation (ACF), the WWF and many other organisations and individuals raised a broad spectrum of issues and concerns during the hearings and in submissions to the inquiry, about various aspects of the Bill as drafted and how they perceived it would operate.

 

a. The Terminology used in the Bill

4.4 As the Committee progressed in its inquiry it became obvious that the nomenclature used in the Bill was causing some concern and confusion in the community. In particular, many organisations expressed the view that the Trust would not be subject to the normal parliamentary scrutiny and accountability mechanisms, despite the provisions in Sections 33 and 34 of the Bill. The word "Trust" appeared to imply that the fund would be outside of the accountability process, perhaps because of how the community perceives the operation of family and private Trusts.

4.5 In view of these concerns the Committee wrote to the Attorney General seeking his advice...His reply states:

4.6 The use of the name 'Board' to describe the partnership of administration between the Ministers for Primary Industries and Energy and Environment, Sport and Territories was also felt to convey the impression of a body less subject to parliamentary scrutiny than say, an Advisory Committee.[18]

4.7 In response to these concerns, both the Departments of Environment, Sport and Territories and Primary Industries and Energy made the following comments which, to a large extent, clarified the intentions under the Bill, but from the Committee's point of view, highlighted the need for greater explanation and clarity in the Bill itself:

4.8 The committee concluded that the misconceptions raised by the use of the words "Trust" and "Board" in the Bill are important issues with the Bill but easily corrected either by changing the names or explaining in greater detail in the Bill, the Parliamentary accountability arrangements and the roles of the various Ministers. While supporting a 'name' change or greater clarification, the Committee was not of the view that the Board should include representatives of other groups. The Committee strongly agreed that only the elected representatives of the people had ultimate responsibility for Government funding decisions and, because they were responsible to Parliament and the people, they were fully accountable to the electorate for any decisions. Senator the Hon Chris Schacht summed up the Committee's position in answer to this issue raised at the Brisbane Hearing:

b. The Board's Composition

4.9 Three separate issues were raised during the inquiry about the proposed Board which is to consist of the two responsible Ministers.

(i) Dominance of Primary Industries Portfolio

4.10 A number of environment groups expressed the view that with the two-Minister Board the more powerful Primary Industry Portfolio would overshadow the Environment Ministry and control decision-making with respect to projects. Some organisations advocated that the two areas of funding should be kept separate. It was felt that the focus of the Bill, also reflected in the Board's construction was sustainable agriculture, particularly given the five capital projects and were concerned that environmental issues would be overtaken by this agricultural focus.

4.11 Prof. Roger Kitching noted:

4.12 The Queensland Conservation Council also appeared to hold this view:

4.13 The WWF noted in its submission:

4.14 The contrary view was held by the Catchment and Land Protection Boards at the hearing in Albury:

4.15 The environmental representatives of the Goulburn Broken Catchment and Land Protection Board supported the idea of integration of the programs:

4.16 The Committee concluded that the Bill needs to be redrafted to explicitly state the Environment Portfolio's primacy. However, providing certain environment issues of significance which have been omitted (see Section (e)) are included, the Committee agreed that at this time the five key capital projects as identified were undoubtedly of a high priority.

 

(ii) Advisory Structures

4.17 A number of organisations felt that the two-person Board would be too narrowly constituted to cover the full range of projects which would be proposed for funding. Various proposals were put forward at the various hearings aimed at broadening the expertise of the Board. The suggestions included supplementing the membership with various experts from the five key initiative areas (Vegetation, Rivers, Biodiversity, Landcare, and Coasts and Clean Seas) to a Board consisting of eminent Australians. Various advisory structures were also canvassed with witnesses by the Committee.

4.18 Professor Kitching, Chair, Faculty of Environmental Sciences, Griffith University, Queensland noted at the Brisbane hearing:

4.19 The Committee relayed to Professor Kitching at the hearing the information and explanation from the Departments of Primary Industries and Energy and Environment, Sport, and Territories that it is the Government's intention that the Trust and the Board be fully accountable - that the two Ministers are responsible and fully answerable to Parliament. The Committee also drew his attention to the type of advisory structure being canvassed by the departments - viz. using the chairs of the various committees advising on the five key initiatives.

4.20 Professor Kitching's response was:

4.21 The Committee agreed and throughout the hearings in Albury and Brisbane managed to allay the fears of a number of groups about the accountability of the Board and its advisory structures.

4.22 The RAOU noted during the Melbourne hearing:

4.23 The most acceptable advisory model appeared to be to retain the Board of two Ministers but having a committee made up of various experts in the environmental field. Whilst this met with general approval and appeared to be the kind of structure that the Department's are considering, a few warnings were raised including the avoidance of duplication of existing structures and the need to ensure that community organisations and scientific experts are included.

4.24 At the Committee's hearing in Albury, representatives of the Catchment and Land Protection Boards which appeared made a special plea to the Committee to seek a simplification of funding arrangements.

4.25 A representative of the Catchment Board added:

4.26 In the Melbourne hearing, a representative of RAOU noted:

4.27 The Committee concluded that the Board should be advised by a committee of about eight experts drawn from the various environmental initiative areas (Vegetation, Rivers, Biodiversity, Landcare, Coasts and Clean Seas) as well as covering expertise in research, water use/irrigation, climate and atmosphere, soil, and salinity issues for instance. The Advisory Panel should also include Departmental and environment group representation. Due consideration should also be given to representation by State/Territory and local government. In order to keep the Panel to a workable size, every attempt should be made to recruit members who fulfill more than one of these criteria. (See Table 1)

4.28 The role of the Advisory Panel would be to receive and review funding applications with a view to ensuring that each program is delivered in an integrated manner and recommend proposals to the Ministers. The Panel members should be 3 year appointments contracted by Regulations set out under the Bill. The Panel would have the power to refer applications to the special advisory councils and committees which already exist e.g. the Biodiversity Advisory Council, the National Landcare Advisory Committee, and the Murray-Darling Basin Commission.

4.29 With respect to these specialists councils, the Committee believes that the existing structures should be used but that the Departments should take this opportunity to examine their advisory structures, to streamline them and to ensure that duplication is avoided. The Committee also concluded that the Departments should as a matter of urgency, streamline their administrative processes and co-ordinate with other funding organisations (such as State Departments) to simplify the funding/submission process.

4.30 Representation by the grass roots community - landowners, farmers, fishermen - is seen as extremely important given the high proportion of private ownership of land in Australia as well as the need to ensure that conservation measures actually work. Also seen as vital by the Committee, is the representation by the scientific community given the poor level of base data and that if biodiversity issues are to be tackled, scientific monitoring and evaluation is crucial to the achievement of the Bill's objectives.

Table 1

4.31 Many groups emphasised the need to ensure that a 'bottom up' approach is adopted for the administration of funding proposals to promote community 'ownership' of projects and a community will to achievement of real outcomes. A 'top down' approach was seen as less than satisfactory and liable to failure and waste of funds.

4.32 A number of Catchment Boards, Landcare Groups and Shire Councils saw themselves as appropriate vehicles for directing funding to projects on the ground. Whilst the Committee appreciated that some Boards and Councils were very well placed to achieve significant results with additional funding, it recognised that this may not be the case Australia-wide and therefore refrained from adopting or recommending any sort of rigid model for funding and assessing applications. Rather, it was felt that the Advisory Panel should be open to differing models of funding in different geographical areas and for different environmental problems. A witness from Tasmania summed up the point as follows:

(iii) Formal Consultative Mechanisms

4.33 Thirdly, on the positive side, a number of organisations expressed their agreement to what they saw as the establishment of an important formal consultative mechanism via the two Minister Board. It was felt that this would improve the co-ordination of funding for the environment. It is the Committee's understanding that a Memorandum of Understanding is proposed between the two portfolios. However, when asked if such could be added as an appendix to the Bill the Department of Environment, Sport and Territories noted that this would be unusual but agreed that the community needs reassurance of the primacy of the Minister for Environment in relation to the Trust Bill.

c. The link with the privatisation of Telstra

4.34 Of major concern to many of the environment groups was the link between the partial sale of Telstra and the funding to be provided for the Trust. Most considered that the funds should be provided from core consolidated revenue in the same way as other environment program funding.

4.35 Not all witnesses or submissions opposed the sale of Telstra as a source of funds but the Committee noted that, particularly within the environment groups, there was opposition to this method of funding the Trust. Still other organisations such as the National Farmers Federation (NFF) gave full support to the sale.

4.36 The Goulburn Broken Catchment and Land Protection Board stated at the hearing in Albury:

4.37 Others refrained to comment preferring to look at the operation of the Bill.

4.38 A few organisations conceded that should there be no other sources of funding available, then the sale of Telstra should go ahead to provide the funds for what they saw as vital environmental projects.

4.39 On the other hand, other environmental groups felt so strongly about the sale that they considered the Trust should not go ahead unless alternative funding was found.

4.40 The type of alternative funding proposed included a taxation levy not unlike the Medicare levy, cuts to the annual Defense budget, usage of a percentage of the annual profits of Telstra and levies on industry.

4.41 The Colong Foundation noted at the Sydney hearing:

d. Scope of the Initiatives

4.42 Whilst the majority of submissions supported the five capital projects, some expressed the view that the Bill as drafted, with these as the centrepiece, had the potential to become inflexible and unable to change to meet new and unforeseen environmental challenges and changes in priorities. In essence, organisations accepted that the five were very long term projects but could foresee that within five to ten years, say, priorities within the environment area may change and the Bill did not seem to be able to adapt to such change.

4.43 The Sunshine Coast Environment Council submission stated:

4.44 While recognising this as a valid point, the Committee agreed with the Government's aim to encapsulate the five major problem areas and set aside specific funding to commence the tasks ahead. However, a way of tackling the problem of potential inflexibility was to identify broad goals and objectives within the Bill (viz. Vegetation, Rivers, Biodiversity, Landcare, Coasts and Clean Seas and Atmosphere Issues) and specific program/project priorities by way of the Memorandum of Understanding or a portfolio vision statement.

 

e. Other Environmental Concerns

4.45 Quite a few areas were identified in submissions and by witnesses as being omitted or not given sufficient emphasis in the Bill.

(i) Atmospheric issues

4.46 Several environment groups thought these issues should have been included in the Bill.

4.47 CSIRO stated:

4.48 The Committee agreed that, given the complete interdependence of all environmental issues, there was an argument to address atmospheric issues in the Bill.

(ii) Exotic Pests, Feral Animals and Weeds

4.49 The damage to the environment by weeds, feral animals, rabbits and other introduced species has been well documented and recognised by the Australian community and was raised by a broad spectrum of submissions.

4.50 The Committee agreed with the witnesses and various submissions that overcoming the problems associated with these pests are integral to the achievement of the Aims of the Bill and should be given attention in it.

(iii) International Treaties

4.51 A number of submissions pointed out that the Bill did not recognise Australia's International commitments and obligations.

4.52 The Committee agreed that given its national significance and objectives, the Trust Bill should recognise Australia's obligations.

(iv) Research

4.53 In addressing the Committee, a number of research organisations and individuals such as CSIRO, RAOU, and Prof. Roger Kitching referred to the need for research.

4.54 Prof. Kitching noted:

4.55 In its submission, CSIRO noted:

4.56 A representative of RAOU noted at the hearing in Melbourne:

4.57 It became clear to the Committee from the submissions and witnesses that basic environmental research and data is crucial to the achievement of the Bill's goals and that a significant statement supporting research was warranted in the Bill

(v) Education and Training

4.58 Whilst very few submissions identified the need for widespread education and training, the Committee agreed strongly with those organisations which did draw it to their attention, that the attitudes and knowledge of the Australian people are fundamental to changing habits and rehabilitating the natural environment.

4.59 The National Farmers' Federation noted in their submission:

4.60 But it will also be important to make a national investment in education and training, including Property Management Planning, to ensure that farmers and other natural resource managers follow sustainable development practices.

4.61 Consequently, the Committee concluded that the Bill should make provision for funding of programs to educate children, the general population, farmers, industry management, employees, and other relevant groups.

(vi) The Built Environment

4.62 A number of National Trust organisations submitted the view to the Committee that the Bill should include the 'built''' heritage of Australia which they felt was of equal priority and significance and equally endangered. They submitted that a relatively small amount of funding (in comparison to what was needed to address urgent land and water environment issues and to what was available under the Trust) was needed to recover and repair the majority of heritage sights in Australia.

4.63 Whilst the Committee was sympathetic to the needs of the National Trust organisations, it questioned the appropriateness of this Bill as a source of funding.

4.64 Notwithstanding this, in recognition of its importance and the very urgent nature of the work needing to be done,[50] the Committee recommends that the Government pursue, as a matter of priority, the issue of adequate funding for our National Heritage with the States/Territories.

 

(f) Gifts and Bequests

4.65 Under Part 4, Section 24 and Part 5, Section 37 of the Bill, provision is made for the Trust to be able to receive unconditional gifts and bequests of funds.

4.66 Three separate issues arose concerning gifts and bequests.

4.67 Firstly, a few organisations considered that such gifts should be made tax deductible.

The Committee agreed.

4.68 Secondly, the Committee was concerned that the Trust and its two Minister Board of management was not constructed in a form to receive and disburse funds by way of donation or gift in the normal way the community would expect such a Trust to operate. Rather, from the Committee's investigations the 'Trust' is simply a dedicated 'parcel' of funding for the environment. Although the Committee was in full agreement that the funding for environmental projects provided by the Government should rightly be administered by the two Minister Board, the Committee did not consider this appropriate for funds obtained by way of bequest or gift.

4.69 The Committee felt that a separate highly visible 'account' or fund would be needed for these moneys and that they would have to be administered by an independent Trust Board. Consequently, the Committee agreed that the Government should look more closely at whether such funding should be attracted to the trust, and if so how is it managed.

4.70 Thirdly, the Committee heard from a number of groups on the issue that such a provision would work in competition with their own fund raising, given that many environmental organisations rely on donations to carry out their work.

4.71 The WWF expressed the following concern:

4.72 However, RAOU was not as concerned:

4.73 The Committee concluded that if the Government retains the Bill's provision concerning gifts and bequests, that the Departments should maintain a watching brief on this and ensure that funds are not attracted away from the community-based groups.

 

(g) Cross Compliance/Effectiveness of Commonwealth Expenditure under the Trust

4.74 A number of groups raised the issue of conflicting Commonwealth, State/Territory and local government regulations, programs and policies and the potential that these had to reduce the effectiveness of programs under the Trust. For example, incentives to farmers to clear land of native forests, water pricing mechanisms which encouraged inefficient irrigation practices and unrestricted urban sprawl.

4.75 Other obstacles to effectiveness outside of the legislative framework were also raised, such as fishing practices, in particular the practices of foreign fishermen in Australian waters, other land-based farming practices which lead to degradation of the land environment rather than enhancing its productivity.

4.76 The Murray Darling Basin Commission noted:

Documentation describing the Natural Heritage Trust emphasises that 'an integrated approach is needed right across the spectrum of problems we face.' There have been several attempts in the past to achieve such integration, but most have foundered due to turf-fighting or to the unwillingness of participants to take off their blinkers.[53]

4.77 The Committee considered this a very serious issue and agreed that the Bill should include measures to:

Further, the Commonwealth should actively work toward complementary, if not uniform Commonwealth and State/Territory legislation in the environment field and that this should be an objective of the Bill.

 

(h) Needs-based Funding

4.78 A number of witnesses from Tasmania put the case for needs-based planning and funding through the Trust rather than any per capita approach.

4.77 The Committee was sympathetic to this argument and believed it appropriate to draw this to the attention of the Minister for Environment, Sport and Territories.

 

5. Conclusions and Recommendations

Policy Considerations

5.1 The Committee reports to the Senate that it has considered the Natural Heritage Trust of Australia Bill 1996 and is in agreement with the basic thrust of the Bill and its intentions. The Committee agreed with a number of witnesses who saw an urgent need for the Government to restore confidence in the community's ability to tackle environmental problems and that this Bill has the potential to fulfill that role, particularly if a number of high profile projects are tackled with success.

5.2 Nevertheless, the Committee is of the view that specific provisions of the Bill should be amended or reviewed.

5.3 Notwithstanding this, the Committee was unable to come to agreement on the issue of the link between the Bill and the sale of Telstra. Opposition and Democrat Senators (Senators Schacht, Lundy and Lees) wanted the funding to come from Consolidated Revenue. Recognising this fundamental disagreement, the Committee decided to concentrate on the issues arising from the Bill as drafted.

Recommendation 1 : that the Bill proceed, however, the Committee foreshadows amendments in the Committee of the Whole.

 

Terminology used in the Bill

5.4 The Committee agreed that the confusion raised by the use of the words 'Board' and 'Trust' warranted attention.

Recommendation 2: that the words 'Board' and 'Trust' be changed or greater explanation be given in the Bill of the parliamentary accountability arrangements and the roles of the various Ministers.

 

The Board's Composition/Advisory Structures

5.5 The Committee supports the composition of the Board as the two responsible Ministers. However, it noted the concerns raised in submissions and at the hearings that the Board needs to be fully accountable to Parliament and 'transparent' in its activities . Further, the Committee felt that advisory structures for the Board need to be representative and accountable in their activities and be comprised of the full gamut of interested groups. Notwithstanding this, the Committee also agreed that there is already a plethora of funding mechanisms in the field and these should be streamlined.

Recommendation 3: that

 

Dominance of Primary Industries Portfolio

5.6 The Committee understood the view stated in the submissions and at hearings that there was a need to clarify the roles and responsibilities of the Departments of Environment, Sport and Territories and Primary Industries for the general public. The evidence given by the Departments allayed many of the concerns previously raised with the Committee. In hearings which followed the Departments' appearance, the Committee explained to witnesses that the Department of Environment would indeed be the 'lead' Department and that a Memorandum of Understanding was to be signed between the Departments.

5.7 However, the Committee concluded that the bill needs to explicitly state the Environment Portfolio's primacy, including making the Environment Minister, chair of the Board.

Recommendation 4: that the Bill explicitly state the Minister responsible for the Environment Portfolio's primacy as Chair of the Board and the relative roles and responsibilities of each Department.

 

Scope of the Initiatives

5.8 The Committee felt that, providing certain environment issues omitted from the Bill are included, that at this time, the five key projects identified in the Bill are undoubtedly of a high priority. Notwithstanding this, the Committee recognised that there may be potential for the Bill to be inflexible and unable to deal with changes in priorities and that broad goals and objectives within the Bill or a separate portfolio vision statement may be a way of overcoming this.

Recommendation 5: that the Bill include broad goals and objectives in the environmental areas - Vegetation, Rivers, Biodiversity, Landcare, Coasts and Clean Seas and Atmospheric Issues, to enable the Bill to respond to changes in priorities and that the Government give consideration to full description of the five capital projects in a portfolio statement. Such a Statement could be made annually to inform the community on achievements and any changes in priorities.

 

Other Environment Concerns

5.9 A number of other environmental issues were identified by groups as not being covered in the Bill. These include atmospheric conditions, exotic pests, feral animals and weeds, international treaties, education and training, and the built environment. Except for the built environment, the Committee agreed that these issues should be canvassed by the Bill. With respect to the built environment, the Committee agreed that the Government should address funding for National Heritage as a matter of priority.

Recommendation 6: that the Bill include reference to atmospheric issues, exotic pests, feral animals and weeds, international treaties, education and training.

 

Recommendation 7: that the Government address funding for Australia's Built Heritage as a matter of priority.

 

Gifts and Bequests

5.10 The Committee agreed with the view put forward by some groups that these should be tax deductible, but was unable to assess on the basis of the evidence received and heard, whether or not the Bill's provision to allow the Trust to receive gifts and bequests of funds would be problematic for community funding of environmental groups. However, the Committee did feel that the Trust and its Board as drafted in the Bill may not be the appropriate vehicle for handling funding such as gifts and bequests. Consequently, the Committee made the following recommendation:

Recommendation 8: that the Government should consider whether gifts and bequest funds should be attracted by the fund and if so whether a more appropriate vehicle for handling such funds (perhaps a separate highly visible account and administration Board) should be established; and that if gifts and bequests are retained, the Bill should include reference to those of a certain amount being tax deductible; and that a watch be kept on the matter of gifts and bequests to ensure that funds are not attracted away from community-based groups.

 

Cross compliance/Effectiveness of Commonwealth Expenditure under the Trust

5.11 The Committee agreed that in order for the Commonwealth's funds to be used effectively to achieve the goals of the Trust, administrators would need to ensure that there are no Commonwealth, State/Territory or local government policies or legislative programs in place which will mitigate against the achievement of the project's objectives.

Recommendation 9: that the Bill

 

Needs Based Funding

5.12 The Committee was sympathetic to the argument put forward by the Tasmanian representatives that funding from the Trust should be based on priority need.

Recommendation 10: That the matter of needs-based funding be brought to the attention of the Minister for Environment, Sport and Territories.

 

 

Senator Kay Patterson

Chairperson

October 1996

 

Footnotes

[1] Natural Heritage Trust of Australia Bill 1996, Part 1, Section 2, page 3.

[2] Ibid.

[3] Second Reading Speech, Natural Heritage Trust of Australia Bill 1996, The Hon John Anderson, Minister for Primary Industries and Energy, 19 June 1996.

[4] Saving Our Natural Heritage, Coalition Policy Statement, 1996, page 10.

[5] Saving Our Natural Heritage, Coalition Policy Statement, 1996, page 11.

[6] 'Investing in our Natural Heritage', Statement by Senator the Hon Robert Hill, Minister for the Environment, 20 August 1996, page 36.

[7] Natural Heritage Trust of Australia Bill 1996, Part 3, Section 8 page 6.

[8] Natural Heritage Trust of Australia bill 1996, Part 4, Section 24, page 13.

[9] Natural Heritage Trust of Australia Bill 1996, Part 5, Section 30, page 16.

[10] Natural Heritage Trust of Australia Bill 1996, Part 5, Section 31, page 16.

[11] Natural Heritage Trust of Australia Bill 1996, Part 5, Section 34, page 18.

[12] Submission No 9, Australian Conservation Foundation, 24 July 1996, page 1.

[13] Submission No 90, CSIRO, 22 August 1996, page 1.

[14] Hansard, Wednesday, 14 August 1996, WWF, page 67.

[15] Hansard, Friday, 9 August 1996, ACF page 3.

[16] Submission No 24, Sunshine Coast Environment Council Inc., 29 July 1996, page 2.

[17] Submission No 11, Queensland Conservation Council, 31 July 1996, page 2.

[18] See also Section b (i), page 8

[19] Hansard, Friday 23 August 1996, Department of Primary Industries and Energy, page 142.

[20] Hansard, Friday 23 August 1996, Department of Primary Industries and Energy, page 146.

[21] Hansard, Friday 23 August 1996, Department of Environment, Sport and Territories, page 148-149.

[22] Hansard, Thursday, 29 August 1996, Senator the Hon Chris Schacht, page 211.

[23] Hansard, Thursday, 29 August, 1996, Professor Roger Kitching, Griffith University, page 209.

[24] Submission No 11, Queensland Conservation Council, 31 July 1996, page 5.

[25] Submission No 15, World Wide Fund for Nature, 30 July 1996, page 5.

[26] Hansard, Wednesday 28 August 1996, North Central Catchment and Land Protection Board, page 172.

[27] Hansard, Wednesday 28 August 1996, North Central Catchment and Land Protection Board, page 195.

[28] Hansard, Thursday, 29 August 1996, Professor Roger Kitching, Griffith University, page 209.

[29] Hansard, Thursday, 29 August 1996, Professor Roger Kitching, Griffith University, page 211.

[30] Hansard, Friday 9 August 1996, Royal Australian Ornithologists Union, page 44.

[31] Hansard, Wednesday, 28 August 1996, North Central Catchment and Land Protection Board, page 168.

[32] Hansard, Wednesday, 28 August 1996, North Central Catchment and Land Protection Board, page 169.

[33] Hansard, Friday 9 August 1996, Royal Australian Ornithologists Union, page 49-50.

[34] Hansard, Friday 23 August 1996, National Farmers Federation, page 122.

[35] Hansard, Friday, 13 September 1996, Mr B Quin, Tasmanian Agribusiness Services Group, page 262.

[36] Hansard, Friday 23 August 1996, Department of Environment Sport and Territories, page 149.

[37] Hansard, Friday 23 august 1996, Department of Environment Sport and Territories, page 152.

[38] Hansard, Friday, 9 August 1996, ACF, page 4.

[39] Hansard, Friday 9 August 1996, Friends of the Earth (Australia), page 26.

[40] Submission No 9, Australian Conservation Foundation, 24 July 1996, page 1-2.

[41] Submission No 35, National Farmers' Federation, July 1996, page 2.

[42] Hansard, Wednesday, 28 August 1996, Goulburn Broken Catchment and Land Protection Board, page 198.

[43] Hansard, Wednesday 14 August, 1996, The Colong Foundation for Wilderness, page 94.

[44] Submission No 24, Sunshine Coast Environment Council Inc., 29 July 1996, page 2.

[45] Submission No 90, CSIRO, 22 August 1996, page 4.

[46] Hansard, Thursday, 29 August 1996, Prof. Roger Kitching, Griffith University, page 209.

[47] Submission No 90, CSIRO 22 August 1996, page 1.

[48] Hansard, Friday, 9 August 1996, RAOU, page 46.

[49] Submission No 35, National Farmers' Federation, July 1996, page 3.

[50] See Appendix 3.

[51] Hansard, Wednesday, 14 August 1996, WWF, page 67.

[52] Hansard, Friday, 9 August 1996, RAOU, page 54.

[53] Submission No 55, 9 August 1996, MDBC, page 14.

[54] Hansard, Friday, 13 September 1996, the Hon Peter Hodgman,Minister for the Environment, Tasmania, page 242.