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LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT

COMMUNITY ADVISORY COMMITTEE

OPERATING PROTOCOL

October 2014

. OPERATING PROTOCOL

1. ORIGIN 1.1 The Lake Eyre Basin Intergovernmental Agreement (the Agreement), which was signed by the Australian, Queensland and South Australian Governments in 2000 and by the Northern Territory Government in 2004, provides for the establishment of arrangements for the management of water and related natural resources in the Lake Eyre Basin Agreement Area (the Agreement Area), including the development or adoption, and implementation of agreed policies and strategies for the avoidance of adverse cross-border impacts and the creation of a relevant institutional structure (Recital D of the Agreement). 1.2 Part V – Institutional Arrangements of the Agreement constitutes a Ministerial Forum (consisting of one Minister from each of the signatory jurisdictions) which is responsible for the implementation of the Agreement. 1.3 Sub-clause 5.9 of the Agreement requires the Ministerial Forum to ensure that it has satisfactory access to community advice in relation to matters relevant to the Agreement. 1.4 Consistent with Sub-clause 5.10 of the Agreement, the Ministerial Forum established a committee to provide such advice – the Lake Eyre Basin Community Advisory Committee (the Committee).

2. ROLE OF THE COMMITTEE 2.1 The role of the Committee is to:

2.1.1 represent the various interests referred to in Clause 3 of this Protocol;

2.1.2 seek out of community views relevant to matters covered by the Agreement and the communication of those views to the Ministerial Forum;

2.1.3 communicate the decisions and initiatives of the Ministerial Forum to the various communities;

2.1.4 contribute to achieving the objectives of the Ministerial Forum, such as:

2.1.4.1 the biennial Conference and Aboriginal Forum (Sub-clause 6.1 of the Agreement);

2.1.4.2 review processes (Part X of the Agreement);

2.1.4.3 the development of policies and strategies (Part VIII of the Agreement); and

2.1.5 perform such other functions relevant to the Agreement as the Ministerial Forum may require.

2 2.2 While the Committee has an advisory role and not an implementation or management role, individual members may undertake roles supporting program management and implementation (for example, participating on a Steering Committee overseeing a project or being contracted to undertake a particular project), but only in accordance with Clause 9 and paragraph 10.3.3 of this Protocol. 3. REPRESENTATION 3.1 In accordance with Sub-clause 5.11 of the Agreement, the Committee shall comprise representatives of: 3.1.1 Aboriginal interests; 3.1.2 pastoral interests; 3.1.3 agricultural interests; 3.1.4 mining interests; 3.1.5 petroleum interests; 3.1.6 conservation interests; 3.1.7 tourism interests; 3.1.8 matters and interests affecting the Cooper Creek River system; and 3.1.9 matters and interests affecting the Diamantina River system. 3.2 Each member must be an active and participative member and will be expected to contribute between meetings to particular tasks or projects of the Committee in accordance with the Committee’s priorities and agenda. 3.3 Representation on the Committee is by the nomination and approval processes listed at Appendix A.

4. MEMBERSHIP OF COMMITTEE 4.1. The membership of the Committee will be determined by the Ministerial Forum to ensure that the interests and matters referred to in Sub-clause 3.1 of this Protocol are adequately represented. 4.2. If the Ministerial Forum considers that such interests and matters are not adequately represented through the nomination and approval process outlined in Appendix A of this Protocol, the Ministerial Forum shall make further appointment(s) to ensure such representation is achieved. 4.3. A member will be appointed by the Ministerial Forum for an initial 3-year term, although a member may be subsequently appointed by the Ministerial Forum for a further term or further terms. 4.4. A new member’s term commences on the date he/she signs the Terms of Engagement, unless otherwise determined by the Ministerial Forum. Full details of conditions of engagement and associated documentation will be provided by the Secretariat at the time the Terms of Engagement are provided to the member-elect. 4.5. The term of a member who is reappointed will, upon his/her signing of the Terms of Engagement, commence from the day following the conclusion of his/her previous term, unless otherwise determined by the Ministerial Forum. 4.6. A member may resign at any time by giving written notice to the Chair of the Ministerial Forum. The resignation will take effect on the day and at the time the notice is received by the Chair of the Ministerial Forum, or such later day and time as is stated in the notice. 3 A reference to the Lake Eyre Basin Ministerial Forum is also a reference to any subsequent body that replaces the Ministerial Forum. A reference to the Department of the Environment is also a reference to any subsequent body that replaces the Department of the Environment 4.7. Subject to Sub-clause 4.2 of this Protocol, where a member resigns, the nomination and approval process outlined in Appendix A of this Protocol will be activated to determine an appropriate replacement. 4.8. A member may be removed at any time by a decision of the Ministerial Forum. The reasons for the proposed removal must be fully revealed and the member must be given a full and fair opportunity to show cause why the removal should not take place. The member has no right of appeal against any removal carried out under this Clause. 4.9. While the Committee may call on and coordinate additional community input in formulating its advice to the Ministerial Forum, the provider of such input shall not be considered to be a member of the Committee. However, a fee for service equivalent to the Category 2 member rate identified in the Departmental guidelines may be paid from Departmental funds under normal financial delegations if deemed as required.

5. RELATIONSHIP OF COMMITTEE TO OTHER INSTITUTIONAL ARRANGEMENTS (also see Chart at Appendix B)

5.1Ministerial Forum 5.1.1 In undertaking its role, the Committee will provide its advice via the Ministerial Forum Secretariat to the Ministerial Forum or as otherwise directed by the Ministerial Forum. 5.1.2 The Chair of the Committee (the Chair) may attend Ministerial Forum meetings as an observer, although the Chair of the Ministerial Forum may exclude the Chair at certain times if it is considered that the Ministerial Forum needs to meet in closed session. 5.1.3 The Committee may provide advice directly to the Ministerial Forum, either by the Chair: 5.1.3.1 providing the Committee’s advice in writing to the Ministerial Forum Secretariat (the Secretariat) for circulation to relevant Ministers out-of-session; 5.1.3.2 providing the Committee’s advice in writing to the Secretariat for consideration at a Ministerial Forum meeting; 5.1.3.3 raising issues verbally at a Ministerial Forum meeting 5.1.4 In providing advice to the Ministerial Forum or to relevant Ministers, the Chair will indicate the extent to which the Committee’s advice reflects a consensus view and will articulate any minority views as appropriate. 5.1.5 If advice is provided in accordance with sub-paragraphs 5.1.3.1 and 5.1.3.2, the Chair will provide that advice to the Secretariat at least four weeks before a scheduled Ministerial Forum meeting, or as required by the Secretariat out-of-session. 5.1.6 The Ministerial Forum will, through the Secretariat, provide the Chair with a copy of the Ministerial Forum meeting agenda at least three weeks before a scheduled meeting. 5.1.7 The Ministerial Forum may from time to time request the Committee to provide a verbal presentation of its advice to complement its written advice.

5.2Lake Eyre Basin Scientific Advisory Panel (the Panel)

4 5.2.1 In undertaking its role, the Committee may liaise with the Panel in any manner agreed to between the Chairs of the Committee and the Panel. 5.2.2 Subject to paragraph 5.2.1 and funding being available for the purpose, the Chair may ask the Secretariat to arrange a joint meeting with the Panel to occur at a convenient place and time. 5.2.3 The Chair may invite the Panel Chair to attend Committee meetings as an observer.

5 A reference to the Lake Eyre Basin Ministerial Forum is also a reference to any subsequent body that replaces the Ministerial Forum. A reference to the Department of the Environment is also a reference to any subsequent body that replaces the Department of the Environment 5.3Senior Officers Group (the SOG) 5.3.1 Members of the SOG or their delegates shall, whenever possible, attend Committee meetings as observers. 5.3.2 At Committee meetings, SOG members or their delegates will provide the Committee with updates on relevant jurisdictional activities, orally and/or in writing. 5.3.3 When attending Committee meetings, SOG members or their delegates shall be bound by those Operating Protocols of the Committee that are relevant to the conduct of Committee meetings. 5.3.4 The Chair of the SOG may invite the Chair of the Committee to attend a SOG meeting to discuss pertinent issues. 5.3.5 SOG members will ensure, within budgetary constraints, that sufficient jurisdictional and Secretariat support is provided to the Committee, at and between meetings, to enable it to function efficiently and effectively.

5.4 Ministerial Forum Secretariat (the Secretariat) and LEB Facilitator (the Facilitator) 5.4.1 The role of the Secretariat is to provide necessary administrative and secretarial support to enable the Committee and other Institutional Arrangements to function effectively and efficiently, in accordance with their respective Operating Protocols. 5.4.2 The role of the Facilitator is to provide facilitative and technical support to the Committee in undertaking its role and, where appropriate, to the Panel in undertaking its role, in accordance with their respective Operating Protocols.

5.5NRM Regional Bodies 5.5.1 NRM regional bodies in the Agreement Area may nominate members to fill vacancies in the Committee in accordance with process detailed at Appendix A.

6. THE COMMITTEE CHAIR (THE CHAIR) 6.1An independent Chair will be appointed by unanimous agreement of the Ministerial Forum from within or outside of the Committee’s membership. 6.2The Chair will be appointed for an initial 3-year term, although the Chair may be subsequently appointed by the Ministerial Forum for a further term or further terms, in the same manner prescribed in Sub-clauses 4.4 and 4.5. 6.3The role of the Chair is to: 6.3.1 provide leadership and actively support the members of the Committee in fulfilling the Committee’s role; 6.3.2 in liaison with the Facilitator and the Secretariat, convene and conduct Committee meetings; 6.3.3 ensure the continuation of Committee business between meetings in liaison with the Facilitator and the Secretariat and in collaboration with Committee members as appropriate; 6.3.4 be the primary representative of the Committee and coordinate Committee media contact e.g. press releases etc and representation, 6 in accordance with the guidelines outlined in Clause 11 of this Protocol; 6.3.5 liaise with the Chair of the Panel on matters of mutual interest; and 6.3.6 report to the Ministerial Forum in accordance with Sub-clause 5.1 of this Protocol. 6.4The Chair may resign at any time by giving written notice to the Chair of the Ministerial Forum. The resignation will take effect on the day and at the time the notice is received by the Chair of the Ministerial Forum, or such later day and time as is stated in the notice. 6.5The Chair may be removed at any time by a decision of the Ministerial Forum. The reasons for the proposed removal must be fully revealed and the Chair must be given a full and fair opportunity to show cause why the removal should not take place. The Chair has no right of appeal against any removal carried out under this Clause. 6.6The Ministerial Forum will appoint a person to the position of the Chair as soon as possible a vacancy occurs in that position. During any period that the position of the Chair is vacant, the Ministerial Forum may appoint an existing Committee member to fulfil the role of the Chair until an appointment is made to fill the vacancy.

7. ACTING CHAIR 7.1In the event of the Chair being temporarily unable or unavailable to carry out the role of Chair as provided for in Sub-clause 6.3 of this Protocol, the Committee may appoint an Acting Chair. 7.2The Acting Chair will assume the role and responsibilities of the Chair, for the period of acting.

8. CONDUCT OF MEETINGS 8.1 Calling of Meetings 8.1.1 The Secretariat will call meetings of the Committee at the direction of the Chair. 8.1.2 Members are to be given at least four weeks’ notice of meetings, where practicable. 8.1.3 Meeting dates should preferably be set at the prior meeting. 8.1.4 It is expected that there will be a minimum of one meeting per year, in accordance with an agreed work plan.

8.2 Meeting Agendas 8.2.1 A draft agenda shall be circulated to members at least four weeks prior to the meeting for which it is intended, where practicable. 8.2.2 Members should notify the Secretariat of additional agenda items within three weeks of the meeting, where practicable. 8.2.3 The Secretariat will dispatch a final agenda two weeks prior to the meeting, where practicable.

7 A reference to the Lake Eyre Basin Ministerial Forum is also a reference to any subsequent body that replaces the Ministerial Forum. A reference to the Department of the Environment is also a reference to any subsequent body that replaces the Department of the Environment 8.3 Meeting Rules 8.3.1 No decisions shall be passed by the Committee unless at least a quorum of members is present. A quorum in respect of the Committee shall comprise at least half of the number of members plus one, inclusive of the Chair. 8.3.2 In all cases when considering any matter the Committee shall use its best endeavours to achieve consensus, and the Chair will only put a matter to a vote of those members present if it is considered that such a consensus cannot be achieved. 8.3.3 A decision will be passed if a majority of members present support the decision. A member may instruct another member or the Chair in writing to vote for the instructing member if the instructing member is unable to be present at a meeting. 8.3.4 At the request of a Committee member, any dissenting views and abstentions with regard to a decision shall be recorded in the minutes. 8.3.5 The Facilitator shall be able to attend all Committee meetings. 8.3.6 General observers and observers with a particular purpose, such as Ministers, the Chair of the Panel, invitees to make presentations and nominated officials from signatory jurisdictions, may be admitted by the Chair to meetings, although the Chair may exclude them at certain times if it is considered that the Committee needs to meet in closed session. 8.3.7 The Committee shall make decisions/recommendations only on such matters as are listed on the agenda for that meeting, unless all members present at the meeting agree otherwise. Other business can be raised for discussion at a meeting with the approval of the majority of members present.

8.4 Minutes of Meetings 8.4.1 Minutes shall be taken by the Facilitator, the Secretariat, or a person nominated by the Chair, at every Committee meeting. 8.4.2 Minutes of meetings shall summarise discussions and shall record any decision taken or recommendations made by the Committee and shall not purport to be a transcript of proceedings. 8.4.3 Draft Minutes shall be circulated to members for comment within two weeks of the meeting concerned, where practicable.

9. CONFLICT OF INTEREST 9.1If a member of the Committee becomes aware of a potential, apparent or actual conflict of interest arising in exercising the functions of a member, the member must notify the Chair immediately and fully disclose all relevant information relating to such a conflict. 9.2Upon notification, the Chair shall determine what steps are reasonably required to resolve or otherwise deal with the conflict. 9.3If the Chair becomes aware of a potential, apparent or actual conflict of interest arising in exercising his/her functions, the Chair must notify the Secretariat immediately and fully disclose all relevant information relating to such a conflict. 8 9.4Upon notification, the Secretariat shall determine what steps are reasonably required to resolve or otherwise deal with the conflict.

10. PAYMENT OF FEES AND OTHER ASSISTANCE 10.1 Sitting Fees 10.1.1 Members of the Committee are eligible to receive a Sitting Fee, as approved by the Ministerial Forum and as prescribed in the Department’s Guidelines for Remuneration of Part-Time Offices of a Category 2 (Category 3 for the Chair) subject to the conditions specified in that Guideline, as amended from time to time. 10.1.2 Consequently, a Sitting Fee may be payable for: 10.1.2.1 time spent at a properly constituted formal meeting of the Committee; 10.1.2.2 reasonable time spent, if any, in travelling to and from such a meeting; and 10.1.2.3 time spent representing the Committee at a conference or other forum; provided it is authorised and registered by the Chair or, in the case of the Chair, by the Secretariat. 10.1.3 A member is exempt from GST if the Sitting Fee is paid directly through the Department’s payroll system. . PAYG tax deductions and tax instalments will be withheld at the relevant rate from Sitting Fees. 10.1.4 Subject to paragraph 10.1.5, Sitting Fees will be paid direct into members’ nominated accounts by the Secretariat after each meeting, once the Meeting Register is signed by the Chair and submitted to the Secretariat. 10.1.5 Where a Sitting Fee payment is to be made to an employer of a member, the Secretariat shall make such a payment once the Meeting Register is signed by the Chair and submitted to the Secretariat and the employer lodges a tax invoice claiming such a payment. 10.1.6 In addition to the above arrangements, the Chair is eligible to claim Sitting Fees for up to an additional 4 days for each face-to-face meeting of the Committee, to compensate for the work undertaken by the Chair in preparation for the meeting and for work undertaken between such meetings. 10.1.7 The Chair will assess on a case-by-case basis, the need for the payment of additional Sittings Fees to support intersessional work undertaken by Committee members and will make recommendations to the Secretariat accordingly. The Secretariat will support the Chair’s recommendations, provided: 10.1.7.1 sufficient funding is available in the Ministerial Forum Budget for the purpose; and 10.1.7.2 the need/ appropriateness/ alternatives test, as required by standard government procedure, is met.

9 A reference to the Lake Eyre Basin Ministerial Forum is also a reference to any subsequent body that replaces the Ministerial Forum. A reference to the Department of the Environment is also a reference to any subsequent body that replaces the Department of the Environment 10.2 Travelling Costs 10.2.1 Unless agreed otherwise, the Secretariat shall arrange and pay for the cost of transportation reasonably incurred by a member in attending face-to-face meetings and conferences and other forums, as authorised and registered by the Chair or, in the case of the Chair, by the Secretariat. 10.2.2 In the case of transportation provided to a member by a commercial provider, ‘reasonable cost’ will not usually exceed the cost of ‘economy’ transportation or its equivalent. 10.2.3 Members of the Committee are eligible to receive Travelling Allowance subject to the conditions specified in the department’s Travel Policy, as amended from time to time. 10.2.4 Such Travelling Allowance shall cover: 10.2.4.1 allowable costs incurred in attending and travelling to and from face-to-face meetings of the Committee; and 10.2.4.2 allowable costs incurred in attending and travelling to and from a conference or other forum authorised and registered by the Chair or, in the case of the Chair, by the Secretariat. 10.2.5 Cost of local travel, (for example, cost of a taxi to and from airport), will be reimbursed by the Secretariat upon receipt of appropriate tax invoices/receipts. Reimbursement will be directed to members’ nominated accounts, unless members direct otherwise and the Secretariat agrees.

10.3 Other Arrangements 10.3.1 Members who receive Sitting Fees through the department’s payroll are entitled to receive Employer Productivity Superannuation Contributions under the Superannuation (Productivity Benefit) Act 1988. 10.3.2 To facilitate payments being made directly to them, Committee members should provide the Secretariat with the following information (in the form required by the Secretariat from time to time): 10.3.2.1 personal particulars; 10.3.2.2 bank account details; 10.3.2.3 superannuation fund details; and 10.3.2.4 information required by the Australian Taxation Office.

11. GUIDELINES FOR MEDIA CONTACT AND ATTENDANCE AT CONFERENCES & OTHER FORUMS 11.1. The Secretariat shall be informed in a timely manner of the Committee’s intention to communicate with the media, including details of the information content, issues covered and media outlets targeted and which Committee member is communicating with the media. 11.2. The Chair is the official spokesperson for the Committee. 11.3. The Chair may authorise other Committee members to speak from their area of expertise.

10 11.4. Should a Committee member be contacted directly by the media in relation to the Committee’s role or work, before responding the member should obtain details of the information being sought and relay that information to the Chair and the Secretariat, who will then determine the nature of the response to be given. 11.5. The Chair is responsible for clearing any media release to be issued by the Committee. 11.6. Two days prior to issuing a media release, the Chair must forward a draft to the Secretariat for feedback on content and sensitivities. 11.7. A copy of the media release should be forwarded to the Secretariat as soon as possible after it has been issued. 11.8. All information communicated to the media is to be of a high standard, accurate and cleared by the Public Affairs area of the Department. 11.9. Should any member of the Committee speak publicly or issue a media release on behalf of the Committee, the communication must be limited to that agreed by the Committee and the Secretariat and be within the Committee’s role. 11.10. Should a member of the Committee speak publicly or issue a media release in any capacity other than as a member of the Committee, it must be made clear that he/she is speaking in that other capacity.

Attendance at Conferences and Other Forums 11.1 Invitations and opportunities to attend or present at conferences and other Forums can benefit the work of the Committee and the aims of the Agreement. 11.2 The Chair shall be responsible for determining whether attendance at such conferences or other forums on behalf of the Committee is justified and, if so, who should attend. 11.3 Where the Chair authorises such attendance, the attendee shall be compensated for all expenses reasonably incurred, consistent with the provisions in Clause 10 of this Protocol. 11.4 It is a condition of attendance that the attendee must present a report to the Committee at the next scheduled meeting following attendance. The report should provide details of all information relevant to the role and work of the Committee that is obtained or delivered, including tabling of the Proceedings, if applicable. 11.5 Where a Committee member participates in a conference or other forum as a representative of the Committee, such participation must be consistent with explicit decisions of the Committee, unless a disclaimer is clearly expressed that the content is the views of the author(s) and does not necessarily purport to be the view(s) of the Committee.

11 AMENDING THE OPERATING PROTOCOL

This Operating Protocol may be amended by unanimous agreement of the Ministerial Forum at any time. The Committee may recommend amendments to this Operating Protocol to the Chair of the Ministerial Forum at any time.

11 A reference to the Lake Eyre Basin Ministerial Forum is also a reference to any subsequent body that replaces the Ministerial Forum. A reference to the Department of the Environment is also a reference to any subsequent body that replaces the Department of the Environment Appendix A

NOMINATION AND APPROVAL PROCESS FOR COMMITTEE MEMBERSHIP

NOMINATING BODY * INTERESTS/MATTERS APPROVAL REPRESENTED BY REQUIRED NOMINEE BY Queens- Desert Channels Queensland NRM Board member representing land Board pastoral, agricultural, Cooper Creek and Diamantina River systems Desert Channels Queensland NRM Pastoral and/or agricultural, Board Cooper Creek and Diamantina River systems Department of Natural Resources Aboriginal and Mines Department of Natural Resources Aboriginal and Mines South South Australian Arid Lands NRM Board member representing Australia Board pastoral, agricultural South Australian Arid Lands NRM Pastoral and/or agricultural Board By agreement of Department of Environment, Water Aboriginal all members of and Natural Resources the Ministerial Forum ^ Department of Environment, Water Aboriginal and Natural Resources Northern Northern Territory NRM Board Board member representing Territory pastoral, agricultural Northern Territory NRM Board Pastoral and/or agricultural Department of Natural Resources, Aboriginal Environment, the Arts and Sport Department of Natural Resources, Aboriginal Environment, the Arts and Sport Other Minerals Council of Australia Mining Interests Australian Petroleum Production and Petroleum Exploration Association Tourism Australia Tourism Tourism Alliance Organisation (South Australian Tourism Commission, Tourism Queensland, Tourism NT) Conservation Council of South Conservation Australia Inc Queensland Conservation Council Arid Lands Environment Centre Chair Note: * Or replacement body/ies. ^ In appointing members to represent Aboriginal interests the Ministerial Forum will have regard, as a fundamental element of its decisions, to such recommendations as the Aboriginal communities of the LEB may choose to make (paragraph 5.13(b) of the Agreement).

12 Appendix B

CHART OF RELATIONSHIPS BETWEEN KEY INSTITUTIONAL ARRANGEMENTS UNDER THE LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT

Lake Eyre Basin Ministerial Forum (LEBMF)

Senior Officers Group (SOG)

Community Scientific Advisory Advisory Panel (SAP) Committee (CAC)

13 A reference to the Lake Eyre Basin Ministerial Forum is also a reference to any subsequent body that replaces the Ministerial Forum. A reference to the Department of the Environment is also a reference to any subsequent body that replaces the Department of the Environment

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