Fourth

Session, 45th General Assembly

Elizabeth II, 2007

BILL 25

AN ACT RESPECTING THE

SUSTAINABLE DEVELOPMENT OF NATURAL RESOURCES IN THE PROVINCE

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

CLYDE JACKMAN

Minister of Environment and Conservation

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

The purpose of this Bill is as set

out in the

long title.

A BILL

AN ACT RESPECTING THE SUSTAINABLE DEVELOPMENT

OF NATURAL RESOURCES IN THE PROVINCE

Analysis

Short title

Definitions

Crown bound

Labrador Inuit rights

PART

ROUND TABLE ON SUSTAINABLE DEVELOPMENT

Round table on sustainable development

Duties of round table

Powers of round table

Tabling of report

Department responsibilities

PART

SUSTAINABLE DEVELOPMENT STRATEGIES

Sustainability indicators

Strategic environmental management plan

PART

III

IMPLEMENTATION

Financial management guidelines and

reporting

Review of implementation

PART

REGULATIONS AND COMMENCEMENT

Regulations

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Sustainable

Development Act .

Definitions

2. In

this Act

(a) "department", unless the context

indicates otherwise, means a department created under

section 5 of the Executive Council Act ;

(b) "local authority" includes a municipality

as defined in the Municipalities Act,

1999 and a city established under the City

of Corner Brook Act , the City of

Mount Pearl Act or the City of St.

John's Act ;

(c) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(d) "natural resources" includes air,

water, land, animal, plant, mineral, geologic, landscape and other renewable

and non-renewable resources;

(e) "plan" means the Strategic

Environmental Management Plan established under

section 11;

(f) "procurement" means the acquisition

of goods, services, public works and the lease of space;

(g) "public body" includes a department

and a board, commission, association or similar body, whether incorporated or

not, all the members of which or all the board of management, board of

directors or other governing board of which, are appointed under

an Act or by

the Lieutenant-Governor in Council, to which this Act has been made applicable

by regulation;

(h) "round table" means the Newfoundland and

Labrador Sustainable Development Round Table established under

section 5;

(i) "sustainable" and

"sustainability" means the capacity of a thing, action, activity or

process to be maintained indefinitely in a manner consistent with the future

use, enjoyment and development of natural resources; and

(j) "sustainable development" means

meeting the needs of the present without compromising the ability of future

generations to meet their own needs.

Crown bound

3. This

Act is binding on the Crown.

Labrador Inuit

rights

4. This

Act and regulations made under this Act shall be read and applied in conjunction

with the Labrador Inuit Land Claims

Agreement Act and, where a provision of this Act or regulations made under

this Act is inconsistent or conflicts with a provision, term or condition of

the Labrador Inuit Land Claims Agreement

Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over

the provision of this Act or a regulation made under this Act.

PART I

ROUND TABLE ON SUSTAINABLE DEVELOPMENT

Round table on

sustainable development

(1) There

is established a Newfoundland and Labrador Sustainable Development Round Table.

(2) The round table shall consist of not fewer

than 10 and not more than 15 members who shall be appointed by the

Lieutenant-Governor in Council for a term of 5 years.

(3) Notwithstanding subsection (2), of the members

first appointed by the Lieutenant-Governor in Council, one third, or as near

one third as is possible, shall be appointed for a term of 4 years and the

remaining members shall be appointed for a term of 5 years.

(4) A member appointed to the round table under

this

section may be reappointed for a second term of 5 years.

(5) The Lieutenant-Governor shall appoint a member

appointed under subsection (2) to be the chairperson of the round table and

that person is not eligible for reappointment as chairperson.

(6) The chairperson may appoint another member of

the round table to act as chairperson in his or her absence.

(7) Notwithstanding subsections (2), (3) and (4),

a member shall continue as a member of the round table until he or she is

reappointed or replaced.

(8) A quorum of the round table shall be a

majority of its members.

(9) The members of the round table shall meet not

fewer than 3 times in a calendar year.

(10) A member of the round table is not entitled to

remuneration for his or her services but may be reimbursed for reasonable

expenses incurred in the performance of his or her duties in accordance with

the scale for expenses for public employees.

Duties of round

table

6. The

round table shall

(

a) promote the sustainable development of the

natural resources of the province;

(

b) provide advice and make recommendations and

report to the Lieutenant-Governor in Council and the minister in accordance

with this Act;

(

c) consider the use of and access to natural

resources by residents of the province when consulting, making recommendations

and reporting under this Act;

(

d) endeavour to create awareness and

understanding of the sustainable development of natural resources in the

province;

(

e) cooperate in the sharing of knowledge and

experience with respect to the sustainable development of natural resources

among public bodies, private industry, non-governmental organizations and

residents of the province;

(

f) advise the minister on the development of a

natural resource sustainable development strategy for the province;

(

g) advise the minister on the development of

sustainability indicators for natural resources in the province;

(

h) at the request of the minister, review

legislation, policy, and programs for consistency with natural resource

sustainable development principles and guidelines; and

(

i) carry out another direction that the minister

may require with respect to natural resource sustainable development.

Powers of round

table

7. The

round table may

(

a) establish from among its members one or more

committees to carry out those duties that the round table may direct;

(

b) establish rules of procedure for its operations

and the operations of its committees;

(

c) identify, promote and encourage projects and

activities that exemplify sustainable development practices for the natural

resources of the province;

(

d) initiate, sponsor and support seminars,

workshops and conferences related to the sustainable development of natural resources;

(

e) make recommendations to and advise the

minister with respect to sustainability and the sustainable development of

natural resources;

(

f) consult with persons having the expertise necessary

to carry out the work of the round table;

(

g) publish reports and other materials on the

sustainable development of natural resources in the province; and

(

h) do all those things necessary to carry out its

powers and duties under this Act.

Tabling of report

(1) The

round table shall annually submit to the minister a report on its

activities for the preceding calendar year.

(2) The report submitted under subsection

(1) shall be made public by the minister not later than 3 months after the beginning

of the first fiscal year of the government of the province after the period covered

by the report and shall be presented to the House of Assembly.

(3) Where the House of Assembly is not in session

at the time a report is required to be presented under subsection (2),

section

19.1 of the House of Assembly Act

applies as if the report were a report of an officer of the House of Assembly.

Department responsibilities

(1) The

minister shall, from money voted by the Legislature for the purpose,

(

a) provide to the round table secretarial,

administrative, consultant and research support;

(

b) develop and review the plan as required by the

Lieutenant-Governor in Council;

(

c) coordinate the

implementation of this Act with respect to public bodies; and

(

d) carry out other duties required under this Act

or as required by the Lieutenant-Governor in Council with respect to the

sustainable development of natural resources.

(2) The minister may direct the round table to

undertake studies and report on those matters that he or she considers

necessary for the purposes of this Act.

PART II

SUSTAINABLE DEVELOPMENT STRATEGIES

Sustainability

indicators

(1) The

minister shall assess and develop a statement of indicators on the state and

condition of the natural resources of the province from which sound decisions

and reports may be made on the sustainable development of natural resources in

the province and shall provide that statement of indicators to the round table.

(2) After receiving the statement of indicators

under subsection (1), the round table shall,

(

a) consult with members of the public and experts

as it considers advisable with respect to those indicators; and

(

b) prepare and submit to the minister a report on

those indicators and issues related to them and setting out recommendations it

considers appropriate.

(3) The minister shall, after receipt and

consideration of a round table report submitted under paragraph (2)(b),

establish sustainability indicators for the province and prepare a sustainability

report for the province based upon those indicators.

(4) A sustainability report prepared under

subsection (3) shall include procurement goals for public bodies and shall

assess their compliance with those proposed goals.

(5) The minister shall attach a copy of the report

prepared under this

section to the report required to be provided to the House

of Assembly under

section 8.

Strategic environmental

management plan

(1) The

Lieutenant-Governor in Council shall, in consultation with the round table, and

not more than 2 years after the coming into force of this Act, establish a

Strategic Environmental Management Plan for the province.

(2) The plan shall establish

(

a) sustainable development goals for the natural

resources of the province;

(

b) in accordance with principles and guidelines

established by regulation, natural resource sustainable development policies

and implementation strategies; and

(

c) those other natural

resource sustainable development requirements that the Lieutenant-Governor in

Council considers necessary, or that are recommended by the round table.

(3) The round table shall review the plan not more

than 5 years after its establishment and every 5 years thereafter.

(4) After reviewing the plan as required under

this section, the round table may

(

a) consult with the public on policies,

recommendations and proposed implementation strategies contained in the plan;

(

b) based upon the consultations referred to in

paragraph (a), prepare and publish draft policies, recommendations and proposed

actions;

(

c) report to the minister with respect to the

results of consultations referred to in paragraph (

a) and policies, recommendations

and actions referred to in paragraph (b); and

(

d) make recommendations to the

Lieutenant-Governor in Council as it considers appropriate.

PART III

IMPLEMENTATION

Financial management

guidelines and reporting

(1) The

Lieutenant-Governor in Council shall,

(

a) following consultation with public bodies , establish

natural resource sustainable development procurement goals and implementation

guides for those public bodies; and

(

b) direct the implementation of the sustainable

development procurement goals by public bodies in accordance with the goals and

guides developed under paragraph (a).

(2) The Lieutenant-Governor in Council shall

require departments to integrate into their annual reporting processes

information respecting progress made in incorporating natural resource

sustainable development into their activities.

(3) The Lieutenant-Governor in Council may, in

consultation with the round table, review and revise the sustainable

development procurement goals, guides and implementation after their establishment

and subsections (1) and (2) shall apply to those revised guidelines, goals and

that implementation.

(4) The Lieutenant-Governor in Council may require

public bodies to incorporate the plan and goals and guides referred to in this

section into their financial, operational, administrative and other operations.

Review of implementation

(1) The

Lieutenant-Governor in Council may

(

a) direct a department to undertake an internal

review and provide a report of its progress in implementing natural resource

sustainable development practices and activities; and

(

b) request that a public body other than a

department undertake an internal review and provide a report of its

progress in implementing natural resource sustainable development practices and

activities.

(2) The Lieutenant-Governor in Council may, in

consultation with local authorities and school boards, establish by regulation

natural resource sustainable development procurement, financial and other

practices, policies and programs for implementation by those bodies.

PART IV

REGULATIONS AND COMMENCEMENT

Regulations

14. The

Lieutenant-Governor in Council may make regulations

(

a) defining , for the

purposes of this Act, a word or term used but not defined in this Act;

(

b) designating a department, board, commission,

association or other body as a public body for the purposes of this Act;

(

c) respecting the adoption of sustainable

development financial management and procurement practices;

(

d) respecting review procedures for the plan,

sustainability indicators and procurement practices;

(

e) respecting the

guidelines and principles that are to be considered in planning, reporting and

carrying out the requirements of this Act;

(

f) respecting the

development and establishment of indicators for the purpose of this Act;

(

g) for the purposes of

section 13;

(

h) respecting the times by which plans, reports,

indicators, goals and other requirements of this Act are to be carried out or

submitted;

(

i) respecting agreements that may be entered into

by the minister with organizations, persons and other bodies respecting the

implementation of natural resource sustainable development planning and goals;

and

(

j) generally to carry

out the purposes of this Act.

Commencement

15. This Act shall come into force on a date to

be proclaimed by the Lieutenant-Governor in Council.

Earl G. Tucker, Queen's Printer