Posted on February 6, 2017 by Lindsay Taylor

The NSW Cabinet Reshuffle: What has changed?

On 30 January 2017, the Premier of New South Wales announced changes to the New South Wales Ministry. These were implemented through the Administrative Arrangements (Administration of Acts—General) Order 2017 (‘Administration of Acts Order‘) and the  Administrative Arrangements (Administrative Changes-Ministers) Order 2017 (‘Administrative Changes Order‘). The latter affects Ministerial responsibility  the administration of Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993 (‘LG Act‘), which relates to water supply, sewerage and stormwater drainage works and facilities.

New Ministers

The Administration of Acts Order makes significant changes to Ministerial personnel:

  • Gabriella Upton has been appointed as the Minister for the Environment, Minister for Local Government and the Minister for Heritage;
  • Rob Stokes is no longer responsible for the planning portfolio, being replaced as Minister for Planning by Anthony Roberts;
  • The position of Assistant Minister for Planning has been abolished;
  • Deputy Premier John Barilaro is now responsible for the re-named Ministry of Regional New South Wales (Previously Ministry of Regional Development);
  • Niall Blair has been appointed as the new Minister for Regional Water; and
  • Paul Toole is responsible for the re-named Ministry for Lands and Forestry.

Changes to areas of ministerial responsibility

Ministerial responsibilities remain largely unchanged in the areas of planning, environment and local government. The responsibilities of the Minister for Planning and the Minister for Local Government generally remain the same as under the Baird government.

Significantly, however, the Ministry for Lands and Water has been split by the Administrative Changes Order. A new Ministry for Regional Water has been created, and the former Ministry renamed to that of Land and Forestry.

The Minister for Regional Water assumes responsibility for the following Acts:

  • Dams Safety Act 1978 No 96
  • Dams Safety Act 2015 No 26
  • Googong Dam Catchment Area Act 1975 No 4
  • Hay Irrigation Act 1902 No 57
  • Irrigation Areas (Reduction of Rents) Act 1974 No 83
  • Murrumbidgee Irrigation Areas Occupiers Relief Act 1934 No 52
  • New South Wales—Queensland Border Rivers Act 1947 No 10
  • Public Works and Procurement Act 1912 No 45, section 34 (3) and (4) (remainder, the Minister for Finance, Services and Property)
  • Snowy Hydro Corporatisation Act 1997 No 99, section 57 (remainder, the Minister for Energy and Utilities)
  • Water Act 1912 No 44
  • Water (Commonwealth Powers) Act 2008 No 69
  • Water Management Act 2000 No 92
  • Water NSW Act 2014 No 74
  • Wentworth Irrigation Act 1890 54 Vic No 7

The Minister for Land and Forestry retains the responsibilities of the previous Minister for Land and Water. This is with the exception of the Soil Conservation Act 1938, which is now entirely the responsibility of the Minister for the Environment.

The Minister for Land and Forestry remains responsible for the Crown Lands Act 1989 and the Crown Lands Management Act 2016.

Implications for the Local Government Act 1993

The creation of the new Ministry for Regional Water has implications for the administration of part of the LG Act.

Division 2 of Part 3 of Chapter 6 (ss.56 to 66 of the LG Act) empower the ‘Minister for Primary Industries‘ to construct works concerning water supply, sewerage or stormwater and for Council to obtain approval from the Minister for certain conduct concerning water supply works, water treatment works, sewerage, and flood retarding basins.

There is, however, no Minister for Primary Industries. Previous Administrative Orders provided that any reference in the LG Act to the Minister for Primary Industries  were to be read as a reference to the Minister for Land and Water.

The Administrative Changes Order provides that a reference to the Minister for Primary Industries is to be read as a reference to the Minister for Regional Water. Accordingly, the relevant Minister for the purposes of Division 2 of Part 3 of Chapter 6 is now the Minister for Regional Water.

Should you wish to discuss the changes, please contact Dr Lindsay Taylor, Senior Partner on 8235 9701.

* Prepared with the assistance of Matt Harker.

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