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

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

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

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

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

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

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

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.