Coal Innovation Administration Act 2008 No 50

An Act to establish the Coal Innovation NSW Fund to provide funding for low emissions coal technologies; and to establish Coal Innovation NSW.

long title: Subst 2011 No 29, Sch 1 [1].

Part 1 Preliminary

1 Name of Act

This Act is the Coal Innovation Administration Act 2008.

s 1: Subst 2011 No 29, Sch 1 [2].

2 Commencement

This Act commences on the date of assent to this Act.

3 Definitions

In this Act:

CINSW means Coal Innovation NSW established by this Act.

exercise a function includes perform a duty.

function includes a power, authority or duty.

low emissions coal technologies means technologies for facilitating reduction of greenhouse gas emissions from the extraction, preparation or use of coal.

Minerals Council means the New South Wales Minerals Council Limited (ACN 002 500 316).

the Fund means the Coal Innovation NSW Fund established by this Act.

s 3: Am 2011 No 29, Sch 1 [3]–[6].

Part 2 Coal Innovation NSW Fund

pt 2, hdg: Am 2011 No 29, Sch 1 [7].

4 Establishment of Fund

(1)  There is to be established in the Special Deposits Account a fund called the Coal Innovation NSW Fund.

(2)  The Fund is to be administered by the Minister.

s 4: Am 2011 No 29, Sch 1 [6].

5 Purposes of Fund

The purposes of the Fund are as follows:

(a)  to provide funding for research into, and development of, low emissions coal technologies,

(b)  to provide funding to demonstrate low emissions coal technologies,

(c)  to provide funding to increase public awareness and acceptance of the importance of reducing greenhouse gas emissions through the use of low emissions coal technologies,

(d)  to provide funding for the commercialisation of low emissions coal technologies.

s 5: Am 2011 No 29, Sch 1 [8].

6 Payments into Fund

(1)  There is payable into the Fund:

(a)  all money advanced by the Treasurer for the Fund, and

(b)  all money appropriated by Parliament for the purposes of the Fund, and

(c)  the proceeds of the investment of money in the Fund, and

(d)  all money directed or authorised to be paid into the Fund by or under this or any other Act or law, and

(e)  all money received from voluntary contributions to the Fund made by any person or body.

(2)  A voluntary contribution to the Fund may be made on the condition that the contribution is to be used only for a specified purpose.

7 Payments out of Fund

(1)  There is payable from the Fund:

(a)  payments approved by the Minister for the purposes of the Fund, and

(b)  administrative expenses incurred in relation to the Fund or CINSW, and

(c)  payments directed or authorised to be paid from the Fund by or under this or any other Act or law.

(2)  Any money paid into the Fund on the condition that it is to be used only for a specified purpose, including any proceeds of the investment of that money in the Fund, is only payable from the Fund for the specified purpose and a proportionate share of the administrative expenses payable from the Fund.

(3)  The Minister is to produce an annual report detailing fund allocations and the projects and other activities that received funding under this Act during the year.

(4)  The annual report is to include an evaluation of the effectiveness of each of the projects and other activities that received funding under this Act.

(5)  The annual report is to be tabled in each House of Parliament within 6 months after the end of the financial year to which it relates.

(6)  The Minister is to publish each annual report, so as to promote low emissions coal technologies to the NSW public.

s 7: Am 2011 No 29, Sch 1 [8] [9].

8 Investment of money in Fund

The Minister may invest money in the Fund:

(a)  if the Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Minister is permitted to invest money under that Part, or

(b)  if the Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Treasurer.

s 8: Subst 2018 No 70, Sch 3.11.

Part 3 Coal Innovation NSW

pt 3, hdg: Am 2011 No 29, Sch 1 [10].

9 Establishment of CINSW

There is established by this Act Coal Innovation NSW.

s 9: Am 2011 No 29, Sch 1 [11].

10 Membership of CINSW

(1)  CINSW is to consist of the following members appointed by the Minister:

(a)  an independent person appointed by the Minister to be the Chairperson of CINSW,

(b)  2 persons, each of whom is employed in or by a government agency,

(c)  2 persons who are nominated jointly by the Australian Coal Association and the Minerals Council to represent the New South Wales black coal industry,

(d)  such other persons (up to a maximum of 4) as the Minister may appoint from time to time, being persons whom the Minister considers have qualifications or experience relevant to the functions of CINSW.

(2)  If either or both of the nominations required for the purposes of subsection (1) (c) are not made within such time or in such manner as may be specified by the Minister by notice to the Australian Coal Association and the Minerals Council, the Minister may appoint any person or persons so that 2 members are appointed to represent the New South Wales black coal industry.

(3)  Schedule 1 contains provisions relating to members of CINSW.

s 10: Subst 2011 No 29, Sch 1 [12].

11 Functions of CINSW

(1)  The functions of CINSW are as follows:

(a)  to give advice and make recommendations to the Minister concerning the funding from the Fund of projects and other activities for the purposes of the Fund, including advice about priorities for funding and recommendations concerning applications for funding,

(b)  to advise the Minister on policies to encourage the development and implementation of low emissions coal technologies,

(c)  to make recommendations to the Minister concerning opportunities for involvement by private and public sector entities in interstate, national and international research projects involving low emissions coal technologies,

(d)  to advise the Minister on such other matters concerning low emissions coal technologies as the Minister may refer to CINSW,

(e)  such other functions with respect to low emissions coal technologies as the Minister may from time to time direct.

(2)  CINSW may give its advice and make its recommendations either at the request of the Minister or without any such request.

(3)  CINSW has such other functions as are conferred or imposed on it by or under this or any other Act.

s 11: Am 2011 No 29, Sch 1 [8] [9].

12 Powers of CINSW

CINSW may do all things that are necessary or convenient to be done for or in connection with the exercise of its functions, and, in particular, may:

(a)  consult with appropriate persons and bodies, and

(b)  undertake or commission research, and

(c)  obtain technical or professional advice, and

(d)  provide information to the public, and

(e)  consult with relevant international, Commonwealth, State and Territory bodies, and

(f)  issue guidelines relating to the required form and content of applications for funding from the Fund.

s 12: Am 2011 No 29, Sch 1 [9].

13 Committees of CINSW

(1)  CINSW may establish committees for specified purposes to assist it in connection with the exercise of its functions.

(2)  A committee must include at least one member of CINSW.

(3)  The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by CINSW or (subject to any determination of CINSW) by the committee.

s 13: Am 2011 No 29, Sch 1 [9].

Part 4 Miscellaneous

14 Delegation

The Minister may delegate to a member of the Public Service the exercise of any of the Minister’s functions under this Act or the regulations, other than this power of delegation.

s 14: Am 2015 No 15, Sch 3.11 [1].

15 Regulations

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

16 Review of Act

(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.

(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.

Schedule 1 Provisions relating to members and procedure of CINSW

(Section 10 (3))

sch 1, hdg: Subst 2011 No 29, Sch 1 [13].

1 Definitions

In this Schedule:

Chairperson means the Chairperson of CINSW.

member means a member of CINSW.

2 Deputies of members

(1)  The Minister may, from time to time, appoint a person to be the deputy of a member, and may revoke any such appointment.

(2)  In the absence of a member, the member’s deputy may, if available, act in the place of the member.

(3)  While acting in the place of a member, the deputy has all the functions of the member and is taken to be a member.

(4)  This clause does not operate to confer on the deputy of a member who is the Chairperson the member’s functions as Chairperson.

3 Terms of office

Subject to this Schedule, a member holds office for such period (not exceeding 5 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

4 Allowances

A member (other than a person employed in or by a government agency) is entitled to be paid such allowances as the Minister may from time to time determine in respect of the member.

5 Vacancy in office

(1)  The office of a member becomes vacant if the member:

(a)  dies, or

(b)  completes a term of office and is not re-appointed, or

(c)  resigns the office by instrument in writing addressed to the Minister, or

(d)  is removed from office by the Minister under this clause, or

(e)  absents himself or herself from 4 consecutive meetings of CINSW of which reasonable notice has been given to the member personally or in the ordinary course of post, unless:

(i)  CINSW has granted the member leave to be absent from those meetings, or

(ii)  within 4 weeks after the last of those meetings, the member is excused by CINSW for having been absent from those meetings, or

(f)  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

(g)  becomes a mentally incapacitated person, or

(h)  is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.

(2)  The Minister may remove a member from office at any time.

6 Filling of vacancy in office of member

If the office of a member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.

7 Effect of certain other Acts

(1)  The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member.

(2)  If by or under any Act provision is made:

(a)  requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or

(b)  prohibiting the person from engaging in employment outside the duties of that office,

the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.

(3)  The office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.

8 General procedure

The procedure for the calling of meetings of CINSW and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by CINSW.

9 Quorum

The quorum for a meeting of CINSW is a majority of its members for the time being.

10 Minister may attend meeting

The Minister, or a delegate of the Minister, may attend meetings of CINSW and may participate in discussions of CINSW, but is not entitled to vote at any such meeting.

11 Presiding member

(1)  The Chairperson or, in the absence of the Chairperson, another member elected to chair the meeting by the members present is to preside at a meeting of CINSW.

(2)  The person presiding at any meeting of CINSW has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

12 Voting

A decision supported by a majority of the votes cast at a meeting of CINSW at which a quorum is present is the decision of CINSW.

13 Transaction of business outside meetings or by telephone

(1)  CINSW may, if it thinks fit, transact any of its business by the circulation of papers among all the members of CINSW for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of CINSW.

(2)  CINSW may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.

(3)  For the purposes of:

(a)  the approval of a resolution under subclause (1), or

(b)  a meeting held in accordance with subclause (2),

the Chairperson and each member have the same voting rights as they have at an ordinary meeting of CINSW.

(4)  A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of CINSW.

(5)  Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.

14 First meeting

The Minister is to call the first meeting of CINSW after the commencement of the Clean Coal Administration Amendment Act 2011 in such manner as the Minister thinks fit.

sch 1: Am 2011 No 29, Sch 1 [9] [14]; 2015 No 15, Sch 3.11 [2].

Schedule 2 Savings, transitional and other provisions

Part 1 General

1 Regulations

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Clean Coal Administration Amendment Act 2011

(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:

(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 Provisions consequent on enactment of Clean Coal Administration Amendment Act 2011

2 Definition

In this Part:

amending Act means the Clean Coal Administration Amendment Act 2011.

3 Cessation of appointment of members

A person holding office as a member of the Clean Coal Council immediately before the substitution of section 10 by the amending Act:

(a)  ceases to hold that office on that substitution, and

(b)  is not entitled to any remuneration or compensation because of loss of that office, and

(c)  is eligible (if otherwise qualified) to be appointed as a member of Coal Innovation NSW.

4 Continuation of Fund

(1)  The Coal Innovation NSW Fund is a continuation of the Clean Coal Fund operating under this Act immediately before the commencement of the amending Act.

(2)  In any Act (other than this Act), in any instrument made under any Act or in any document, a reference to the Clean Coal Fund is taken to be a reference to the Coal Innovation NSW Fund.

sch 2: Ins 2011 No 29, Sch 1 [15].