NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994
Making Information - Assented to 18 October 1994
NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1-PRELIMINARY Section 1. Short title 2. Commencement 3. Object of Act 4. Act to bind Crown 5. Application of Act 6. Definitions 7. Implementation of national environment protection measures PART 2-ESTABLISHMENT AND MEMBERSHIP OF THE NATIONAL ENVIRONMENT PROTECTION COUNCIL 8. The National Environment Protection Council 9. Membership of the Council 10. Chairperson of the Council 11. Deputies PART 3-FUNCTIONS AND POWERS OF THE COUNCIL Division 1-Functions and powers 12. Functions of the Council 13. Powers of the Council Division 2-Making of national environment protection measures 14. Council may make national environment protection measures 15. General considerations in making national environment protection measures 16. Council to give notice of intention to prepare a draft of proposed measure 17. Council to prepare draft of proposed measure and impact statement 18. Public consultation 19. Council to have regard to impact statements and submissions 20. Variation or revocation of measures 21. National environment protection measures to be disallowable instruments 22. Failure to comply with procedural requirements Division 3-Assessment and reporting on implementation and effectiveness of measures 23. Report by Minister on implementation and effectiveness of measures 24. Annual report of Council PART 4-MEETINGS OF THE COUNCIL AND ESTABLISHMENT AND MEETINGS OF ITS COMMITTEES Division 1-Meetings of Council 25. Convening of meetings 26. Procedure at meetings 27. Quorum 28. Voting at meetings Division 2-Committees of Council 29. NEPC Committee 30. Chairperson of NEPC Committee 31. Procedures of NEPC Committee 32. Functions of NEPC Committee 33. Other committees 34. Withdrawal from Agreement PART 5-NEPC SERVICE CORPORATION, NEPC EXECUTIVE OFFICER AND STAFF Division 1- The NEPC Service Corporation 35. NEPC Service Corporation 36. Functions of the Service Corporation 37. Powers of the Service Corporation 38. Contracts and leases Division 2-The NEPC Executive Officer 39. NEPC Executive Officer 40. NEPC Executive Officer to control Service Corporation 41. NEPC Executive Officer to act in accordance with Council directions 42. Remuneration and allowances 43. Leave of absence 44. Resignation 45. Termination of office 46. Terms and conditions not provided for by Act 47. Acting NEPC Executive Officer 48. Powers and functions of acting NEPC Executive Officer Division 3-Staff of the Service Corporation and consultants 49. Public Service staff of Service Corporation 50. Non-Public Service staff of Service Corporation 51. Staff seconded to Service Corporation 52. Consultants
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PART 6-FINANCE 53. Payments to Service Corporation by Commonwealth 54. Payments to Service Corporation by States and Territories 55. Money of Service Corporation 56. Application of money of Service Corporation 57. Estimates 58. Application of Division 3 of Part XI of the Audit Act 59. Special provisions relating to reports etc. prepared under the Audit Act PART 7-MISCELLANEOUS 60. Powers and functions conferred under corresponding legislation 61. Delegation by Council 62. Acts done by Council 63. Regulations 64. Review of operation of Act SCHEDULE INTERGOVERNMENTAL AGREEMENT ON THE ENVIRONMENT NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - LONG TITLE
An Act to provide for the establishment of a National Environment Protection Council, and for related purposes NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - PREAMBLE
Preamble The Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association have entered into an Agreement known as the Intergovernmental Agreement on the Environment setting out certain responsibilities of each party in relation to the environment. That Agreement provides that the Commonwealth, the States, the Australian Capital Territory and the Northern Territory will make joint legislative provision for the establishment of a body to determine national environment protection measures. That Agreement further provides that once the form of the joint legislative provision for the establishment of the body has been agreed to, the Commonwealth, the States, the Australian Capital Territory and the Northern Territory will submit to their Parliaments or Legislative Assemblies, and take such steps as are appropriate to secure the passage of, Bills containing that legislation. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - PART 1 PART 1-PRELIMINARY
NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 1 Short title
1. This Act may be cited as the National Environment Protection Council Act 1994. (Minister's second reading speech made in- Senate on 6 June 1994 House of Representatives on 12 October 1994) NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 2 Commencement
2.(1) This Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within the period of one year beginning on the day on which this Act receives the Royal Assent, it is repealed on the first day after the end of that period. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 3 Object of Act
3. The object of this Act is to ensure that, by means of the establishment and operation of the National Environment Protection Council: (a) people enjoy the benefit of equivalent protection from air, water or soil pollution and from noise, wherever they live in Australia; and (b) decisions of the business community are not distorted, and markets are not fragmented, by variations between participating jurisdictions in relation to the adoption or implementation of major environment protection measures. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 4 Act to bind Crown
4. This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory, and of Norfolk Island. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 5 Application of Act
5. This Act extends to all of the external Territories other than Norfolk Island. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 6 Definitions
6.(1) In this Act, unless the contrary intention appears: "Agreement" means the agreement made on 1 May 1992 between the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association, a copy of which is set out in the
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Schedule; "Australian Local Government Association" means the Australian Local Government Association Limited; "Council" means the National Environment Protection Council established by section 8; "member" means a member of the Council; "national environment protection goal" means a goal: (a) that relates to desired environmental outcomes; and (b) that guides the formulation of strategies for the management of human activities that may affect the environment; "national environment protection guideline" means a guideline that gives guidance on possible means for achieving desired environmental outcomes; "national environment protection measure" means a measure made under subsection 14(1); "national environment protection protocol" means a protocol that relates to the process to be followed in measuring environmental characteristics to determine: (a) whether a particular standard or goal is being met or achieved; or (b) the extent of the difference between the measured characteristic of the environment and a particular standard or a particular goal; "national environment protection standard" means a standard that consists of quantifiable characteristics of the environment against which environmental quality can be assessed; "NEPC Committee" means the committee established by section 29; "NEPC Executive Officer" means the person who, from time to time, holds the office of NEPC Executive Officer established by section 39 and includes a person acting in that office; "NEPC Service Corporation" means the Corporation established under section 35; "participating jurisdiction" means the Commonwealth, a participating State or a participating Territory; "participating State" means a State: (a) that is a party to the Agreement; and (b) in which an Act that corresponds to this Act is in force in accordance with the Agreement; "participating Territory" means a Territory: (a) that is a party to the Agreement; and (b) in which an Act that corresponds to this Act is in force in accordance with the Agreement; "Service Corporation" means the NEPC Service Corporation; "Territory" means the Australian Capital Territory or the Northern Territory. (2) A reference in this Act to the implementation of national environment protection measures includes a reference to the enforcement of the laws and other arrangements made for the purpose of implementing those measures. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 7 Implementation of national environment protection measures
7.(1) It is the intention of the Parliament that the Commonwealth will, in compliance with its obligations under the Agreement, implement, by such laws and other arrangements as are necessary, each national environment protection measure in respect of activities that are subject to Commonwealth law, including activities of the Commonwealth (and its instrumentalities) in a participating jurisdiction. (2) Without limiting the generality of subsection (1), the Commonwealth will apply, as Commonwealth law, designated laws used to implement each such measure in a participating jurisdiction, to the extent necessary to achieve the effect referred to in subsection (1). NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - PART 2 PART 2-ESTABLISHMENT AND MEMBERSHIP OF THE NATIONAL ENVIRONMENT PROTECTION COUNCIL
NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 8 The National Environment Protection Council
8. The National Environment Protection Council is established. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 9 Membership of the Council
9.(1) The Council consists of the following members: (a) a Minister of the Commonwealth who is nominated by the Prime Minister; (b) a Minister of each participating State who is nominated by the Premier of the State concerned; (c) a Minister of each participating Territory who is nominated by the Chief Minister of the Territory concerned. (2) A member ceases to be a member if: (a) the participating State or participating Territory in respect of which the member is nominated ceases to be a participating State or participating Territory; or (b) the member ceases to be a Minister; or (c) another Minister of the same jurisdiction is nominated in substitution
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for the member. (3) Nominations under this section must be in writing. (4) The performance of a function or the exercise of a power by the Council is not affected by a vacancy or vacancies in the membership of the Council. (5) Anything done by or in relation to a person purporting to act under a nomination under this section is not invalid merely because there was a defect or irregularity in connection with the nomination. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 10 Chairperson of the Council
10. The member referred to in paragraph 9(1)(a) is the Chairperson of the Council. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 11 Deputies
11.(1) The Prime Minister, the Premier of a participating State or the Chief Minister of a participating Territory may nominate a Minister to be the deputy of the Minister nominated under section 9. (2) In the event of the absence or unavailability of the Chairperson, or of another member, the Minister nominated as the deputy of the Chairperson or of that other member: (a) may act in the place of the Chairperson or of that other member; and (b) while so acting, has all the functions and powers of the Chairperson or of that other member. (3) Nominations under this section must be in writing. (4) Anything done by or in relation to a person purporting to act under a nomination under subsection (1) is not invalid merely because: (a) there was a defect or irregularity in connection with the nomination; or (b) the occasion to act had not arisen or had ceased. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - PART 3 PART 3-FUNCTIONS AND POWERS OF THE COUNCIL
NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - DIVISION 1 Division 1-Functions and powers
NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 12 Functions of the Council
12. The Council has the following functions: (a) to make national environment protection measures in accordance with Division 2; (b) to assess and report on the implementation and effectiveness, in participating jurisdictions, of national environment protection measures. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 13 Powers of the Council
13. The Council has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions, and, in particular, has power to: (a) consult with appropriate persons and bodies; and (b) obtain advice and assistance from the NEPC Committee or from another committee established by the Council under section 33; and (c) undertake or commission research; and (d) publish reports relating to the functions and powers of the Council; and (e) provide information to the public (including industry); and (f) consult with relevant Commonwealth, State and Territory bodies; and (g) consult with the Australian Local Government Association. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - DIVISION 2 Division 2-Making of national environment protection measures
NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 14 Council may make national environment protection measures
14.(1) The Council may, by instrument in writing, make a measure, to be known as a national environment protection measure, that relates to any one or more of the following: (a) ambient air quality; (b) ambient marine, estuarine and fresh water quality; (c) the protection of amenity in relation to noise (but only if differences in environmental requirements relating to noise would have an adverse effect on national markets for goods and services); (d) general guidelines for the assessment of site contamination; (e) environmental impacts associated with hazardous wastes; (f) the re-use and recycling of used materials; (g) except as provided in subsection (2), motor vehicle noise and emissions. (2) Noise and emission standards relating to the design, construction and technical characteristics of new and in-service motor vehicles may only: (a) be developed and agreed in conjunction with the National Road Transport Commission; and
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(b) be determined in accordance with the National Road Transport Commission Act 1991 and, where appropriate, the Motor Vehicle Standards Act 1989. (3) National environment protection measures must each comprise one or more of the following: (a) a national environment protection standard; (b) a national environment protection goal; (c) a national environment protection guideline; (d) a national environment protection protocol. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 15 General considerations in making national environment protection measures
15. In making any national environment protection measure, the Council must have regard to: (a) whether the measure is consistent with section 3 of the Agreement; and (b) the environmental, economic and social impact of the measure; and (c) the simplicity, efficiency and effectiveness of the administration of the measure; and (d) whether the most effective means of achieving the desired environmental outcomes of the measure is by means of a national environment protection standard, goal or guideline or any particular combination thereof; and (e) the relationship of the measure to existing inter-governmental mechanisms; and (f) relevant international agreements to which Australia is a party; and (g) any regional environmental differences in Australia. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 16 Council to give notice of intention to prepare a draft of proposed measure
16.(1) If the Council intends to make a national environment protection measure, the Council must publish a notice: (a) specifying the subject of the proposed measure; and (b) stating that the Council intends to prepare a draft of the proposed measure. (2) The notice must: (a) be published in the Gazette; and (b) so far as each participating State or Territory is concerned-also be published, on at least 2 days during the month when the Gazette notice is published, in a newspaper circulating in that State or Territory. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 17 Council to prepare draft of proposed measure and impact statement
17. Before making any national environment protection measure and not earlier than 30 days after the day on which paragraph 16(2)(b) has been fully complied with in all participating jurisdictions, the Council must prepare: (a) a draft of the proposed measure; and (b) an impact statement relating to the proposed measure that includes the following: (i) the desired environmental outcomes; (ii) the reasons for the proposed measure and the environmental impact of not making the measure; (iii) a statement of the alternative methods of achieving the desired environmental outcomes and the reasons why those alternatives have not been adopted; (iv) an identification and assessment of the economic and social impact on the community (including industry) of making the proposed measure; (v) a statement of the manner in which any regional environmental differences in Australia have been addressed in the development of the proposed measure; (vi) the intended date for making the proposed measure; (vii) the timetable (if any) for the implementation of the proposed measure; (viii) the transitional arrangements (if any) in relation to the proposed measure. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 18 Public consultation
18.(1) Before making a national environment protection measure, the Council must publish a notice: (a) stating how the draft of the proposed measure and the impact statement may be obtained; and (b) inviting submissions to the Council on the proposed measure, or on the impact statement, within a specified period. (2) A notice must: (a) be published in the Gazette; and (b) so far as each participating State or Territory is concerned-also be published, on at least 2 days during the month when the Gazette notice is published, in a newspaper circulating in that State or Territory. (3) The period specified in each notice under subsection (1) must end not less than 2 months after the day on which paragraph (2)(b) has been fully complied with in all participating jurisdictions. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 19
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Council to have regard to impact statements and submissions
19. In making a national environment protection measure, the Council is to have regard, in addition to the matters referred to in section 15, to: (a) the impact statement that relates to the measure; and (b) any submissions it receives that relate to the measure or to the impact statement; and (c) any advice from the NEPC Committee or from a committee established under section 33. NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 No. 126, 1994 - SECT 20 Variation or revocation of measures
20.(1) The Council may vary or revoke any national environment protection measure. (2) If the Council intends to vary or revoke a national environment protection measure, the Council must publish a notice specifying the measure that the Council intends varying or revoking. (3) The notice must: (a) be published in the Gazette; and (b) so far as each participating State or Territory is concerned-also be published, on at least 2 days during the month when the Gazette notice is published, in a newspaper circulating in that State or Territory. (4) Sections 15, 17, 18 and 19 apply to a variation or revocation of a national environment protection measure as if: