2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Urban Services)

2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Urban Services)

An Act to amend the National Environment Protection Council Act 1994

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the National Environment Protection Council Amendment Act 2002.

This Act commences on whichever of the following happens later:

(a) the day after its notification day;

(b) the day the National Environment Protection Council Amendment Act 2002 (Cwlth), schedule 1 commences.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the National Environment Protection Council Act 1994.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

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.

(g) consult with the Australian Local Government Association; and

(h) direct the service corporation to provide assistance and support to other ministerial councils.

(5) A variation or revocation of a national environment protection measure is a notifiable instrument.

(6) Subsections (2) to (4) do not apply to a minor variation of a national environment protection measure under division 3.2A.

Note A notifiable instrument must be notified under the Legislation Act.

(1) The council may vary a national environment protection measure (a minor variation) if—

(a) the variation is supported by a unanimous resolution of all of the members; and

(b) the resolution states that the variation does not involve a significant change in the effect of the national environment protection measure.

(2) If the council decides that a variation does not involve a significant change in the effect of the national environment protection measure, the council must prepare—

(a) a draft of the proposed variation; and

(b) a statement relating to the variation that explains—

(i) the reasons for the proposed variation; and

(ii) the nature and effect of the proposed variation; and

(iii) the reasons why the council is satisfied that the variation is a minor variation.

(3) A minor variation of a national environment protection measure is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(1) Before making a minor variation to a national environment protection measure, the council must publish a notice—

(a) stating how the draft of the proposed variation and the explanatory statement may be obtained; and

(b) inviting submissions to the council on the proposed variation, or on the explanatory statement, within a stated period.

(2) The notice must—

(a) be published in the Commonwealth of Australia Gazette; and

(b) in each participating State or Territory concerned—also be published, on at least 1 day during the month when the Commonwealth of Australia Gazette notice is published, in a newspaper circulating in that State or Territory.

(3) The period stated in each notice under subsection (1) must end not less than 1 month after the day when subsection (2) (b) has been fully complied with in all participating jurisdictions.

In making a minor variation to a national environment protection measure, the council must have regard to—

(a) any submissions it receives that relate to the proposed variation or the explanatory statement; and

(b) whether the measure is consistent with section 3 of the agreement; and

(c) relevant international agreements to which Australia is a party; and

(d) any regional environmental differences in Australia.

(b) to provide assistance and support to other ministerial councils as directed by the council; and

(c) to do anything incidental or conducive to the exercise of the function mentioned in paragraph (a) or (b).

(2) The report of the review is to be presented to the Legislative Assembly within 12 months after the 5th anniversary of that commencement.

(3) As soon as possible after the end of every 5 year period following the review under subsection (1), the council must cause a further review of the kind set out in subsection (1) to be undertaken.

(4) The report of each further review is to be presented to the Legislative Assembly within 12 months after the end of the period to which it relates.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:

• appoint

• asset

• Australia

• Commonwealth

• exercise

• external Territory

• function

• Jervis Bay Territory

• land

• Legislative Assembly

• power

• property.

ministerial council means a council, comprising 1 or more Ministers of the Commonwealth and Ministers of 1 or more of the States or Territories, that includes environmental protection in its functions.

minor variation, for a national environment protection measure—see section 21A (Minor variation of measures).

For the latest republication of amended laws, see www.legislation.act.gov.au.