❓ Hon. Norman Moore questions the Department of Environment's actions in relation to the Water and Rivers Commission merger, alleging usurpation of power without legal authority. The Minister assures that the Commission remains a separate entity and operates within existing legislation.
AnsweredQoN 2171Legislative Council
QuestionView source ↗
I refer the Minister to the implementation of the merger between the Department of the Environment and the Water and Rivers Commission, and ask -
(1) By what authority has the Department been usurping the role of the Water and Rivers Commission in the absence of legal authority of Parliament in the form of changed laws?
(2) Will the Minister table any legal advice on the matter?
(3) If not, why not?
(4) Since the law has not changed with regard to the Water and Rivers Commission, have you and the Department placed yourself above the law in presuming that Parliament will allow the
Water and Rivers Commission Act
to be repealed, particularly in light of the Opposition’s stated position of not supporting the Government’s plan?
(1) By what authority has the Department been usurping the role of the Water and Rivers Commission in the absence of legal authority of Parliament in the form of changed laws?
(2) Will the Minister table any legal advice on the matter?
(3) If not, why not?
(4) Since the law has not changed with regard to the Water and Rivers Commission, have you and the Department placed yourself above the law in presuming that Parliament will allow the
Water and Rivers Commission Act
to be repealed, particularly in light of the Opposition’s stated position of not supporting the Government’s plan?
AnswerView source ↗
Answered
21 September 2004
Responded by
Minister for Local Government and Regional Development representing the Minister for the Environment
Response time
82 days
(1) The Waters and Rivers Commission remains in existence as a separate entity. Legislation to effect the merger of the Water and Rivers Commission with the Department of Environment was agreed by Cabinet following the machinery of government recommendations. The Department of Environment currently provides a single administrative structure and employs staff to support the operations of a number of separate legal entities within the Environment portfolio including the Water and Rivers Commission, the Swan River Trust and the Keep Australia Beautiful Council. Each of these statutory authorities continues to fulfil their functions as prescribed in their legislation and will continue to do so such until such time as the Parliament agrees to legislative change. (2) & (3) In keeping with established protocols regarding the tabling of legal advice, no legal advice will be tabled. Cabinet decisions on Machinery of Government were announced by the Premier on 21 June 2001. (4) The outcomes of the present legislative reform before the Legislative Council are not known. In the event that the reforms are not passed, the Water and Rivers Commission will continue to operate as a government statutory authority with a board of management. The Commission's operations will continue to be supported by the Director General of the Department of Environment.
(2) & (3) In keeping with established protocols regarding the tabling of legal advice, no legal advice will be tabled. Cabinet decisions on Machinery of Government were announced by the Premier on 21 June 2001. (4) The outcomes of the present legislative reform before the Legislative Council are not known. In the event that the reforms are not passed, the Water and Rivers Commission will continue to operate as a government statutory authority with a board of management. The Commission's operations will continue to be supported by the Director General of the Department of Environment.
(4) The outcomes of the present legislative reform before the Legislative Council are not known. In the event that the reforms are not passed, the Water and Rivers Commission will continue to operate as a government statutory authority with a board of management. The Commission's operations will continue to be supported by the Director General of the Department of Environment.
(2) & (3) In keeping with established protocols regarding the tabling of legal advice, no legal advice will be tabled. Cabinet decisions on Machinery of Government were announced by the Premier on 21 June 2001. (4) The outcomes of the present legislative reform before the Legislative Council are not known. In the event that the reforms are not passed, the Water and Rivers Commission will continue to operate as a government statutory authority with a board of management. The Commission's operations will continue to be supported by the Director General of the Department of Environment.
(4) The outcomes of the present legislative reform before the Legislative Council are not known. In the event that the reforms are not passed, the Water and Rivers Commission will continue to operate as a government statutory authority with a board of management. The Commission's operations will continue to be supported by the Director General of the Department of Environment.
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