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Environmental Trust Act 1998 No 82
Current version for 15 January 2016 to date (accessed 29 May 2017 at 13:53)
Part 3
Part 3 Grants
12   Minimum annual grants for different areas
The Trust is to ensure that the total amount of grants for each of the following areas during a financial year is not less than the amount specified in respect of that area:
(a)  grants to community organisations to encourage and support restoration and rehabilitation projects—$1 million,
(b)  grants to community organisations, universities and research institutes to promote research—$0.5 million,
(c)  grants to community organisations to promote environmental education—$0.5 million.
13   Program for annual grants
(1)  Grants by the Trust for any financial year are to be made in accordance with a grants program determined by the Trust in accordance with the requirements of this Act.
(2)  A grants program must identify the policies of the Trust for determining grants, including:
(a)  priorities for funding, and
(b)  amounts available for grants in different program areas, and
(c)  limits on the size of individual grants.
(3)  More than one grants program may be determined in respect of a financial year.
(4)  The Trust must publish information about each grants program in a newspaper circulating throughout the State.
14   Technical assessment of grant applications
(1)  The Trust is to refer each application for a grant to a Technical Review Committee of the Trust.
(2)  The Committee is to assess the practicability and overall worthiness of each application referred to it and provide the Trust with its assessment.
(3)  A member of a Committee may nominate another person to take the member’s place in assessing a particular application if the member considers that the nature of the application requires the expertise of that other person.
15   Provisions relating to grants
(1)  Grants may be made to any person, including to any individual, corporation or organisation.
(2)  Each grant is to be made subject to a condition that the grant is to be expended within 3 years after it is made.
(3)  Each grant is subject to any relevant condition prescribed by the regulations and such other conditions as are specified by the Trust by notice in writing to the grantee on or after the making of the grant.
(3A)  The Trust may, by further notice in writing to the grantee, vary any condition to which the grant is subject (other than a condition prescribed by the regulations), including any condition previously varied under this subsection.
(4)  The Trust may waive the application of any provision of this section in a particular case if the Trust thinks special circumstances exist that justify its doing so.
(5)  The Trust is to include details of any decision to waive the application of this section in its next annual report under the Annual Reports (Statutory Bodies) Act 1984.
16   Special provision for pollution clean-up costs
(1)  The Trust may expend money in the Trust Fund on the following:
(a)  measures for the removal, dispersal or mitigation of serious pollution, when those measures need to be taken immediately,
(b)  measures for the analysis, removal, storage, treatment or disposal of waste material that has been placed or disposed of on premises unlawfully, when no other person accepts responsibility for taking those measures.
(2)  The Trust may publish guidelines for the expenditure of money under this section, including guidelines on the measures for which money can be expended, the pollution or waste material in respect of which money can be expended, the circumstances in which the money can be expended and the resolution of disputes about any such expenditure.
(3)  The maximum amount that the Trust can expend under this section in any one financial year is $0.5 million.
(4)  The Trust (or a person acting with the written authority of the Trust) is entitled to recover the amount of any money expended under this section as a debt in a court of competent jurisdiction due to the Trust from the person who caused or was responsible for the pollution or the waste material.
(5)  For the purposes of sections 246 and 247 of the Protection of the Environment Operations Act 1997, amounts expended from the Trust Fund under this section are taken to be costs and expenses incurred by the Trust as referred to in those sections.
(6)  Any amount recovered by or on behalf of the Trust (whether or not under this section) in respect of the cost of measures that have been paid for out of the Trust Fund is to be paid into the Trust Fund.
17   Recovery of grants
If a grant is made by the Trust subject to a condition and the grant or any part of the grant is not applied in accordance with the condition (or, if the condition has been varied under section 15 (3A), the condition as so varied), the Trust may recover the whole or any part of it from the grantee as a debt in a court of competent jurisdiction.