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Financial Management and Accountability Act 1997 Determination 2008/66 – Section 32 (Transfer of Functions from Environment to MDBA)

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FMA Act Determination 2008/66 — Section 32 (Transfer of Functions from Environment to MDBA)
Financial Management and Accountability Act 1997
I, Tim Youngberry, Division Manager, Financial Reporting and Cash Management Division, Department of Finance and Deregulation, make this Determination under subsection 32 (2) of the Financial Management and Accountability Act 1997 (the FMA Act).
 
This Determination is made due to the transfer of the managing water resources in the Murray-Darling function from the Department of the Environment, Water, Heritage and the Arts to the Murray-Darling Basin Authority.
 
Dated 23 October 2008
Tim Youngberry
Division Manager
Financial Reporting and Cash Management Division
Department of Finance and Deregulation
  
  
1              Name of Determination
                This Determination is the FMA Act Determination 2008/66 — Section 32 (Transfer of Functions from Environment to MDBA).
Note 1   This Determination has been made by a delegate of the Secretary of the Department of Finance and Deregulation. The Secretary is a delegate of the Minister for Finance and Deregulation: see sections 53 and 62 of the FMA Act.
Note 2 The Appropriation Acts, as made, refer to the names of particular Departments. However, some of those references have changed due to the reorganisation of government functions on 3 December 2007. The relevant changes are:
(a)      the Environment and Water Resources Portfolio was renamed the Environment,
Water, Heritage and the Arts portfolio; and
(b)      the Department of the Environment and Water Resources was renamed the
Department of the Environment, Water, Heritage and the Arts.
Note 3   Acronyms and other organisational names used in this Determination are as follows:
(a)         “Environment” – refers to the Department of the Environment, Water, Heritage and the Arts.
(b)         “MDBA” – refers to the Murray-Darling Basin Authority.
2              Commencement
                This Determination commences, or is taken to have commenced, as follows:
                 (a)     on 3 December 2007 — sections 1, 2 and 3 and Schedule 1;
(b)                on 25 January 2008 — section 4 and Schedule 2;
                 (c)     on 1 April 2008 — section 5 and Schedule 3;
                (d)     on 17 April 2008 – section 6 and Schedule 4;
                 (e)     on 8 September 2008 – section 7 and Schedule 5.
Note   Under subsection 32 (8) of the FMA Act, a Determination may be expressed to take effect before its making and registration under the Legislative Instruments Act 2003.
3              Amendment of Appropriation Act (No. 1) 2007–2008
                Schedule 1 amends the Appropriation Act (No. 1) 2007–2008 to transfer:
                (a)    an amount of $19,644,581.81 of the departmental item for the Department of the Environment, Water, Heritage and the Arts to the departmental item for the Department of Climate Change.
Note   The amount transferred relates to the transfer of climate change functions.
                (b)    an amount of $19,307,426.86 of the administered item for Outcome 1 for the Department of the Environment, Water, Heritage and the Arts to the administered item for Outcome 1 for the Department of Climate Change.
Note   The amount transferred relates to the transfer of climate change functions.
                (c)    an amount of $16,892,253.00 of the administered item for Outcome 1 for the Department of Broadband, Communications and the Digital Economy to the administered item for Outcome 4 for the Department of the Environment, Water, Heritage and the Arts.
Note  The amount transferred relates to the transfer of  the Indigenous Broadcasting program from the Department of Broadband, Communications and the Digital Economy to the Department of the Environment, Water, Heritage and the Arts.
                (d)    an amount of $2,823,628.20 of the departmental item for the Department of the Environment, Water, Heritage and the Arts to the departmental item for the Department of Climate Change.
Note  The amount transferred relates to the transfer of the climate change functions.
                (e) an amount of $29,003,365.00 of the departmental item for the former Department of Communications, Information Technology and the Arts to the departmental item for the Department of the Environment, Water, Heritage and the Arts.
Note  The amount transferred relates to the transfer of arts related functions from the former Department of Communications, Information Technology and the Arts to the Department of the Environment, Water, Heritage and the Arts.
                (f) an amount of $108,035,703.00 of the administered item for Outcome 1 for the former Department of Communications, Information Technology and the Arts to the administered item for Outcome 4 for the Department of the Environment, Water, Heritage and the Arts.
Note  The amount transferred relates to the transfer of arts related functions from the former Department of Communications, Information Technology and the Arts to the Department of the Environment, Water, Heritage and the Arts.
4              Amendment of Appropriation Act (No. 1) 2007–2008
                Schedule 2 amends the Appropriation Act (No. 1) 2007–2008 to transfer:
                (a) an amount of $3,674,810.20 of the departmental item for the Department of the Environment, Water, Heritage and the Arts to the departmental item for the Department of Resources, Energy and Tourism.
                (b) an amount $58,905,600.00 of the administered item for Outcome 1 for the Department of the Environment, Water, Heritage and the Arts to Outcome 3 of the administered item for the Department of Resources, Energy and Tourism.
Note The amounts transferred relate to the transfer of the Low Emissions Technology Demonstration Fund functions.
5              Amendment of Appropriation Act (No. 1) 2007–2008
                Schedule 3 amends the Appropriation Act (No. 1) 2007-2008 to transfer an amount of $479,200.00 of the departmental item for the National Water Commission to the departmental item for the Department of the Environment, Water, Heritage and the Arts.
Note The amount transferred relates to the transfer of the Water Smart Australia programme.
6              Amendment of Appropriation Act (No. 1) 2007–2008
                Schedule 4 amends the Appropriation Act (No. 1) 2007-2008 to transfer an amount of $129,902.43 of the departmental item for the Department of the Environment, Water, Heritage and the Arts to the departmental item for the Department of Infrastructure, Transport, Regional Development and Local Government.
Note  The amount transferred relates to the transfer of the Northern Australia Futures –Taskforce function.
7              Amendment of Appropriation Act (No. 1) 2007–2008
                Schedule 5 amends the Appropriation Act (No. 1) 2007–2008 to transfer an amount of $2,566,000.00 of the departmental item for the Department of the Environment, Water, Heritage and the Arts to the departmental item for the Murray-Darling Basin Authority.
Note   The amount transferred relates to the transfer of the managing water resources in the Murray-Darling function to the Murray-Darling Basin Authority.
 
Schedule 1        Amendment of Appropriation Act (No. 1) 2007–2008 commencing on 3 December 2007
(section 3)
  
[1]           Schedule 1, Environment and Water Resources portfolio, Department of the Environment and Water Resources table
substitute
Environment and Water Resources PORTFOLIO
Appropriation (plain figures)—2007‑2008
Actual Available Appropriation (italic figures)—2006-2007

 

 
Departmental
Outputs
Administered
Expenses
 
Total

 
$'000
$'000
$'000

DEPARTMENT OF THE ENVIRONMENT AND WATER RESOURCES
 
 
 

Outcome 1 ‑
The environment, especially those aspects that are matters of national environmental significance, is protected and conserved
 
 
 

300,819
664,821.57314
984,948

244,329
542,269
786,598

 
 
 
 

Outcome 2 ‑
Australia’s interests in Antarctica are advanced
 
 
 

106,010
-
106,010

99,550
-
99,550

 
 
 
 

Outcome 3 ‑
More efficient and sustainable use of Australia’s water resources
 
 
 

91,861
21,482
113,343

-
-
-

 
 
 
 

Outcome 4 ‑
Development of a rich and stimulating cultural sector for all Australians
 
 
 

-
124,927.956
-

 
 
 

 
 
 
 

Total: Department of the Environment and Water Resources
505,225.15499
705,611
1,204,301

343,879
542,269
886,148

 
 
 
 

 
Note 1:          The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:
(a)      for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and
(b)      for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.
No other amounts in the table have been amended.
Note 2:          FMA Act Section 32 Determination 2008/02 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 1, under the heading Administered Expenses, to transfer amounts to the Department of Climate Change.
Note 3:          FMA Act Section 32 Determination 2008/33 inserted Outcome 4 and the amount alongside Outcome 4 under the heading Administered Expenses, to transfer an amount from the Department of Broadband, Communications and the Digital Economy.
Note 4:          FMA Act Section 32 Determination 2008/39 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount to the Department of Climate Change.
Note 5:          FMA Act Section 32 Determination 2008/40 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 4, under the heading Administered Expenses, to transfer amounts from the former Department of Communications, Information Technology and the Arts.
 
 
 
 
Schedule 2        Amendment of Appropriation Act (No. 1) 2007–2008 commencing on 25 January 2008
(section 4)
  
[1]           Schedule 1, Environment and Water Resources portfolio, Department of the Environment and Water Resources table
substitute
Environment and Water Resources PORTFOLIO
Appropriation (plain figures)—2007‑2008
Actual Available Appropriation (italic figures)—2006-2007

 

 
Departmental
Outputs
Administered
Expenses
 
Total

 
$'000
$'000
$'000

DEPARTMENT OF THE ENVIRONMENT AND WATER RESOURCES
 
 
 

Outcome 1 ‑
The environment, especially those aspects that are matters of national environmental significance, is protected and conserved
 
 
 

300,819
605,915.97314
984,948

244,329
542,269
786,598

 
 
 
 

Outcome 2 ‑
Australia’s interests in Antarctica are advanced
 
 
 

106,010
-
106,010

99,550
-
99,550

 
 
 
 

Outcome 3 ‑
More efficient and sustainable use of Australia’s water resources
 
 
 

91,861
21,482
113,343

-
-
-

 
 
 
 

Outcome 4 ‑
Development of a rich and stimulating cultural sector for all Australians
 
 
 

-
124,927.956
-

 
 
 

 
 
 
 

Total: Department of the Environment and Water Resources
501,550.34479
705,611
1,204,301

343,879
542,269
886,148

 
 
 
 

 
 
Note 1:          The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:
(a)      for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and
(b)      for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.
No other amounts in the table have been amended.
Note 2:          FMA Act Section 32 Determination 2008/02 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 1, under the heading Administered Expenses, to transfer amounts to the Department of Climate Change.
Note 3:          FMA Act Section 32 Determination 2008/33 inserted Outcome 4 and the amount alongside Outcome 4 under the heading Administered Expenses, to transfer an amount from the Department of Broadband, Communications and the Digital Economy.
Note 4:          FMA Act Section 32 Determination 2008/39 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount to the Department of Climate Change.
Note 5:          FMA Act Section 32 Determination 2008/40 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 4, under the heading Administered Expenses, to transfer amounts from the former Department of Communications, Information Technology and the Arts.
Note 6:          FMA Act Section 32 Determination 2008/21 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 1, under the heading Administered Expenses, to transfer amounts to the Department of Resources, Energy and Tourism.
 
Schedule 3        Amendment of Appropriation Act (No. 1) 2007–2008 commencing on 1 April 2008
(section 5)
  
[1]           Schedule 1, Environment and Water Resources portfolio, Department of the Environment and Water Resources table
substitute
Environment and Water Resources PORTFOLIO
Appropriation (plain figures)—2007‑2008
Actual Available Appropriation (italic figures)—2006-2007

 

 
Departmental
Outputs
Administered
Expenses
 
Total

 
$'000
$'000
$'000

DEPARTMENT OF THE ENVIRONMENT AND WATER RESOURCES
 
 
 

Outcome 1 ‑
The environment, especially those aspects that are matters of national environmental significance, is protected and conserved
 
 
 

300,819
605,915.97314
984,948

244,329
542,269
786,598

 
 
 
 

Outcome 2 ‑
Australia’s interests in Antarctica are advanced
 
 
 

106,010
-
106,010

99,550
-
99,550

 
 
 
 

Outcome 3 ‑
More efficient and sustainable use of Australia’s water resources
 
 
 

91,861
21,482
113,343

-
-
-

 
 
 
 

Outcome 4 ‑
Development of a rich and stimulating cultural sector for all Australians
 
 
 

-
124,927.956
-

 
 
 

 
 
 
 

Total: Department of the Environment and Water Resources
502,029.54479
705,611
1,204,301

343,879
542,269
886,148

 
 
 
 

 
Note 1:          The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:
(a)      for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and
(b)      for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.
No other amounts in the table have been amended.
Note 2:          FMA Act Section 32 Determination 2008/02 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 1, under the heading Administered Expenses, to transfer amounts to the Department of Climate Change.
Note 3:          FMA Act Section 32 Determination 2008/33 inserted Outcome 4 and the amount alongside Outcome 4 under the heading Administered Expenses, to transfer an amount from the Department of Broadband, Communications and the Digital Economy.
Note 4:          FMA Act Section 32 Determination 2008/39 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount to the Department of Climate Change.
Note 5:          FMA Act Section 32 Determination 2008/40 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 4, under the heading Administered Expenses, to transfer amounts from the former Department of Communications, Information Technology and the Arts.
Note 6:          FMA Act Section 32 Determination 2008/21 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 1, under the heading Administered Expenses, to transfer amounts to the Department of Resources, Energy and Tourism.
Note 7:          FMA Act Section 32 Determination 2008/22 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount from the National Water Commission.
 
Schedule 4        Amendment of Appropriation Act (No. 1) 2007–2008 commencing on 17 April 2008
(section 6)
  
[1]           Schedule 1, Environment and Water Resources portfolio, Department of the Environment and Water Resources table
substitute
Environment and Water Resources PORTFOLIO
Appropriation (plain figures)—2007‑2008
Actual Available Appropriation (italic figures)—2006-2007

 

 
Departmental
Outputs
Administered
Expenses
 
Total

 
$'000
$'000
$'000

DEPARTMENT OF THE ENVIRONMENT AND WATER RESOURCES
 
 
 

Outcome 1 ‑
The environment, especially those aspects that are matters of national environmental significance, is protected and conserved
 
 
 

300,819
605,915.97314
984,948

244,329
542,269
786,598

 
 
 
 

Outcome 2 ‑
Australia’s interests in Antarctica are advanced
 
 
 

106,010
-
106,010

99,550
-
99,550

 
 
 
 

Outcome 3 ‑
More efficient and sustainable use of Australia’s water resources
 
 
 

91,861
21,482
113,343

-
-
-

 
 
 
 

Outcome 4 ‑
Development of a rich and stimulating cultural sector for all Australians
 
 
 

-
124,927.956
-

 
 
 

 
 
 
 

Total: Department of the Environment and Water Resources
501,899.64236
705,611
1,204,301

343,879
542,269
886,148

 
 
 
 

 
Note 1:          The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:
(a)      for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and
(b)      for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.
No other amounts in the table have been amended.
Note 2:          FMA Act Section 32 Determination 2008/02 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 1, under the heading Administered Expenses, to transfer amounts to the Department of Climate Change.
Note 3:          FMA Act Section 32 Determination 2008/33 inserted Outcome 4 and the amount alongside Outcome 4 under the heading Administered Expenses, to transfer an amount from the Department of Broadband, Communications and the Digital Economy.
Note 4:          FMA Act Section 32 Determination 2008/39 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount to the Department of Climate Change.
Note 5:          FMA Act Section 32 Determination 2008/40 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 4, under the heading Administered Expenses, to transfer amounts from the former Department of Communications, Information Technology and the Arts.
Note 6:          FMA Act Section 32 Determination 2008/21 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 1, under the heading Administered Expenses, to transfer amounts to the Department of Resources, Energy and Tourism.
Note 7:          FMA Act Section 32 Determination 2008/22 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount from the National Water Commission.
Note 8:          FMA Act Section 32 Determination 2008/38 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount to the Department of Infrastructure, Transport, Regional Development and Local Government.
 
Schedule 5        Amendment of Appropriation Act (No. 1) 2007–2008 commencing on 8 September 2008
(section 7)
  
[1]           Schedule 1, Environment and Water Resources portfolio, Department of the Environment and Water Resources table
substitute
Environment and Water Resources PORTFOLIO
Appropriation (plain figures)—2007‑2008
Actual Available Appropriation (italic figures)—2006-2007

 

 
Departmental
Outputs
Administered
Expenses
 
Total

 
$'000
$'000
$'000

DEPARTMENT OF THE ENVIRONMENT AND WATER RESOURCES
 
 
 

Outcome 1 ‑
The environment, especially those aspects that are matters of national environmental significance, is protected and conserved
 
 
 

300,819
605,915.97314
984,948

244,329
542,269
786,598

 
 
 
 

Outcome 2 ‑
Australia’s interests in Antarctica are advanced
 
 
 

106,010
-
106,010

99,550
-
99,550

 
 
 
 

Outcome 3 ‑
More efficient and sustainable use of Australia’s water resources
 
 
 

91,861
21,482
113,343

-
-
-

 
 
 
 

Outcome 4 ‑
Development of a rich and stimulating cultural sector for all Australians
 
 
 

-
124,927.956
-

 
 
 

 
 
 
 

Total: Department of the Environment and Water Resources
499,333.64236
705,611
1,204,301

343,879
542,269
886,148

 
 
 
 

 
Note 1:          The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:
(a)      for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and
(b)      for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.
No other amounts in the table have been amended.
Note 2:          FMA Act Section 32 Determination 2008/02 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 1, under the heading Administered Expenses, to transfer amounts to the Department of Climate Change.
Note 3:          FMA Act Section 32 Determination 2008/33 inserted Outcome 4 and the amount alongside Outcome 4 under the heading Administered Expenses, to transfer an amount from the Department of Broadband, Communications and the Digital Economy.
Note 4:          FMA Act Section 32 Determination 2008/39 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount to the Department of Climate Change.
Note 5:          FMA Act Section 32 Determination 2008/40 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 4, under the heading Administered Expenses, to transfer amounts from the former Department of Communications, Information Technology and the Arts.
Note 6:          FMA Act Section 32 Determination 2008/21 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 1, under the heading Administered Expenses, to transfer amounts to the Department of Resources, Energy and Tourism.
Note 7:          FMA Act Section 32 Determination 2008/22 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount from the National Water Commission.
Note 8:          FMA Act Section 32 Determination 2008/38 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount to the Department of Infrastructure, Transport, Regional Development and Local Government.
Note 9:          FMA Act Section 32 Determination 2008/66 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount to the Murray-Darling Basin Authority.
 
 
 
[2]       Schedule 1, Environment and Water Resources portfolio, after the Great Barrier Reef Marine Park Authority table
insert
 
Environment and Water Resources PORTFOLIO
Appropriation (plain figures)—2007‑2008
 

 

 
Departmental Outputs
Administered Expenses
Total

 
$'000
$'000
$'000

MURRAY-DARLING BASIN AUTHORITY
 
 
 

 
 
 
 

 
 
 

 
 
 

 
 
 
 

Total: Murray-Darling Basin Authority
2,566
 
 

 
 
 

 
 
 
 

 
Note 1:          The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:
(a)   for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and
(b)   for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.
No other amounts in the table have been inserted.
Note 2:          FMA Act Section 32 Determination 2008/66 inserted the amount alongside Total: Murray-Darling Basin Authority, under the heading Departmental Outputs, to transfer an amount from the Department of the Environment, Water, Heritage and the Arts.