Document ID: chunk:federal_register_of_legislation:C2004C00927:clause:1_4:p3
Version: federal_register_of_legislation:C2004C00927
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 3/21)
Character Range: 147999–150769

purpose must be protecting the environment
30-270 Other requirements it must satisfy
30-275 Further requirement for a body corporate or a co-operative society
30-280 What must be on the register
30-285 Removal from the register

Operative provisions

30-255  Establishing the register

  The Secretary to the Department of Environment, Sport and Territories must keep a register of *environmental organisations.

Note: Section 30-280 sets out what details must be entered on the register.

30-260  Meaning of environmental organisation

  An environmental organisation is:
 (a) a body corporate; or
 (b) a co-operative society; or
 (c) a trust; or
 (d) an unincorporated body established for a public purpose by the Commonwealth, a State or a Territory;
that satisfies each requirement in sections 30-265 and 30-270.

Note: A body corporate or a co-operative society must satisfy a further requirement: see section 30-275.

30-265  Its principal purpose must be protecting the environment

 (1) Its principal purpose must be:
 (a) the protection and enhancement of the natural environment or of a significant aspect of the natural environment; or
 (b) the provision of information or education, or the carrying on of research, about the natural environment or a significant aspect of the natural environment.

 (2) It must maintain a public fund:
 (a) to which gifts of money or property for its principal purpose can be made; and
 (b) to which any money received because of such gifts is to be credited; and
 (c) that does not receive any other money or property.

 (3) It must use gifts made to the fund, and any money received because of such gifts, only for its principal purpose.

 (4) It must have agreed to comply with any rules that the Treasurer and the Minister for Environment, Sport and Territories make to ensure that gifts made to the fund are used only for its principal purpose.

30-270  Other requirements it must satisfy

No payment of profits to its members

 (1) It must not pay any of its profits or financial surplus, or give any of its property, to its members, beneficiaries, controllers or owners (as appropriate).

No acting as a conduit

 (2) It must have a policy of not acting as a mere conduit for the donation of money or property to other organisations, bodies or persons.

Surplus assets to be transferred on winding up

 (3) It must have rules providing that, if the public fund is wound up, any surplus assets of the fund are to be transferred to another fund that is on the register.

Statistical information to be provided

 (4) It must have agreed to give the Secretary to the Department of Environment, Sport and Territories, within a reasonable period after the end of each income year, statistical information about gifts