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El espacio H ∞

In document Semigrupos de operadores de composición (página 129-151)

4. Descomposición de Berkson-Porta y semigrupos de operadores de

4.3. El espacio H ∞

(1) A regional NRM board must prepare and maintain a plan for the purposes of its operations and in order to promote the objects of this Act within its region (a regional

NRM plan).

(2) The plan must be in a form determined or approved by the Minister. (3) A plan must—

(a) include information of a kind prescribed by the regulations as to— (i) the natural resources within the relevant region; and

(ii) the state and condition of the natural resources within the relevant region, and related trends; and

(iii) environmental, social, economic and practical considerations relating to the use, management, conservation, protection, improvement and, if relevant, rehabilitation, of the natural resources within the relevant region; and

(iv) the management of pest species of animals and plants; and (v) other prescribed matters; and

(b) include information about the issues surrounding the management of natural resources at the regional and local level, including information as to—

(i) methods for improving the quality or value of natural resources within the relevant region, and the health of those aspects of the environment that depend on those natural resources; and

(ii) methods for the conservation, use or management of natural resources within the relevant region; and

(iii) action plans to ensure proper stormwater management and flood mitigation, and plans to manage significant issues associated with the drainage of land (insofar as these issues are not being managed or addressed in other ways); and

Natural Resources Management Act 2004—1.7.2015

Chapter 4—NRM plans Part 2—Regional plans

Division 1—Regional NRM plans

(iv) arrangements to ensure proper management of wetlands and estuaries, and marine resources, with particular reference to the relationships between catchment, wetland, estuarine and marine systems; and

(ba) set strategic directions for all natural resource management activities that are to be undertaken under this Act in relation to its region; and

(c) set out the board's goals in relation to natural resources management and explain how achievement of those goals will assist to achieve—

(i) the objects of this Act; and

(ii) if the plan is to apply within a part of the Murray-Darling Basin, the objects of the River Murray Act 2003 and the Objectives for a

Healthy River Murray under that Act; and

(d) set out a scheme for the implementation of natural resources management programs and policies in the areas in which the board has an interest, including—

(i) through NRM groups; or

(ii) by working with, or engaging, councils or council subsidiaries, or other bodies or groups (including community groups and volunteers); and

(e) set out the method or methods that the board will use—

(i) to monitor the state and condition of natural resources for the purposes of this Act, and related trends; and

(ii) to assess the extent to which it has succeeded in implementing the plan, with particular reference to the monitoring and evaluation of the effectiveness of natural resources management programs and policies implemented at the regional and local level; and

(iii) to assess the extent to which the board has succeeded in achieving its goals; and

(f) identify any policies reflected in a Development Plan under the Development

Act 1993 that applies within its region that should, in the opinion of the board,

be reviewed under that Act in order to promote the objects of this Act or to improve the relationship between the policies in the Development Plan and the policies reflected in the board's plan; and

(fa) identify the changes (if any) considered by the board to be necessary or desirable to any other statutory instrument, plan or policy (including

subordinate legislation) to promote the objects of this Act and, insofar as the plan may apply within a part of the Murray-Darling Basin, the objects of the

River Murray Act 2003 and the Objectives for a Healthy River Murray under

that Act; and

(g) identify the changes (if any) considered by the board to be necessary or desirable to—

1.7.2015—Natural Resources Management Act 2004

NRM plans—Chapter 4 Regional plans—Part 2 Regional NRM plans—Division 1 (ii) the manner in which, or the means by which, any other person or

body performs any function or exercises any power, to further the objects of this Act; and

(h) include—

(i) a strategic plan for the next ensuing 10 financial years; and

(ii) a business plan for the next ensuing 3 years, which incorporates an implementation program that includes—

(A) an assessment of the staff and physical resources that the board expects to require during the period; and

(B) an assessment of the infrastructure and land that the board wishes to acquire during the period; and

(C) information on the funding and support that is expected to be provided to NRM groups during the period, and on other areas of expenditure; and

(D) the source of funds necessary to meet expenditure during the period, including by the payment of an amount or the

imposition of a levy under Chapter 5, and, if more than one source, the proportion of the funds to be raised from each source; and

(i) if the source, or one of the sources, of the board's funds is the recovery of an amount or the imposition of a levy (or proposed levy) under Chapter 5 and subsection (3a) applies for the purposes of this paragraph—include an assessment of the expected social impact of the imposition of any levy under that Chapter; and

(j) if the plan proposes an amount to be recovered by a regional NRM levy under Chapter 5 Part 1 Division 1—set out the basis of the levy that will apply under section 95(3)(a) and include an explanation as to why that particular basis has been chosen; and

(ja) if the plan proposes a water levy be declared under Chapter 5 Part 1

Division 2—set out the board's proposals or recommendations with respect to the basis on which the levy will be imposed under section 101; and

(k) set out matters that should be taken into account when a relevant authority is exercising a power to grant or refuse a permit under Chapter 7 Part 2; and (l) include such other information or material contemplated by this Act or

required by the regulations.

(3a) This subsection applies for the purposes of paragraph (i) of subsection (3) if— (a) a plan proposes—

(i) that funds should now comprise or include an amount to be raised or recovered by a levy under Chapter 5 Part 1 Division 1 or Division 2; and

(ii) such a levy has not been imposed in the financial year immediately preceding the financial year in which the levy is to be imposed; or

Natural Resources Management Act 2004—1.7.2015

Chapter 4—NRM plans Part 2—Regional plans

Division 1—Regional NRM plans (b) a plan proposes—

(i) that a levy under Chapter 5 Part 1 Division 1 or Division 2 imposed in 1 financial year be again imposed in the next financial year; and (ii) that the amount to be raised or recovered by the levy in the next

financial year will be an amount that exceeds the amount raised for the last financial year adjusted to reflect increases (if any) in the CPI during the financial year immediately preceding that last financial year.

(4) A plan should be consistent with the State NRM Plan.

(5) A plan, when adopted, (and amendments made to a plan when adopted) should, as far as practicable, be consistent with—

(a) any relevant management plan under the Coast Protection Act 1972; and (b) any relevant Development Plan under the Development Act 1993 (subject to

any proposal to amend such a plan); and

(c) any relevant environment protection policy under the Environment Protection

Act 1993; and

(d) any relevant plan of management under the National Parks and Wildlife

Act 1972; and

(e) the principles of clearance of native vegetation under the Native Vegetation

Act 1991 and any guidelines relating to the management of native vegetation

adopted by the Native Vegetation Council under that Act; and

(ea) any relevant management plan under the Marine Parks Act 2007; and

(f) any relevant policy relating to the administration or operation of a Mining Act published for the purposes of this Chapter by notice in the Gazette by the Minister for the time being administering that Act after consultation with the Minister administering this Act; and

(fa) if the plan relates to any part of the Arkaroola Protection Area under the

Arkaroola Protection Act 2012—the management plan under that Act; and

(g) such other plans, policies, strategies or guidelines as are prescribed by the regulations.

(6) The board must inform the Minister of the inconsistencies (if any) between the plan and plans, policies, strategies or guidelines referred to in subsection (5).

(7) In addition, a plan must—

(a) address, adopt or incorporate any plan, policy or strategy specified by the Minister; and

(b) address, and be consistent with, any intergovernmental agreement specified by the Minister.

(8) A regional NRM board must, in preparing and reviewing its regional NRM plan, give due consideration to the plans of other boards insofar as this may be relevant to issues or activities under its plan.

1.7.2015—Natural Resources Management Act 2004

NRM plans—Chapter 4 Regional plans—Part 2 Regional NRM plans—Division 1 (9) A council or council subsidiary must, when performing functions or exercising powers

under the Local Government Act 1999 or any other Act, have regard to any regional NRM plan that applies within the relevant area and in particular must give

consideration to the question whether it should implement changes to the manner in which, or the means by which, it performs a function or exercises a power or

undertakes any other activity that has been identified in the plan as requiring change.

Division 2—Water allocation plans

In document Semigrupos de operadores de composición (página 129-151)

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