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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
National
Environment Protection Council Amendment Bill
2002
No. ,
2002
(Environment and
Heritage)
A Bill for an Act to amend the
National Environment Protection Council Act 1994, and for related
purposes
Contents
A Bill for an Act to amend the National Environment
Protection Council Act 1994, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the National Environment Protection Council
Amendment Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If a provision covered by item 2 of the table does not commence
within the period of 12 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 6(1)
Insert:
Ministerial Council means a council, comprising one or more
Ministers of the Commonwealth and Ministers of one or more of the States or
Territories, that includes environmental protection in its functions.
2 Subsection 6(1)
Insert:
minor variation, in relation to a national environment
measure, means a decision made under subsection 22A(1) to vary a national
environment measure.
3 At the end of
section 13
Add:
; and (h) direct the Service Corporation to provide assistance and support
to other Ministerial Councils.
4 At the end of
section 20
Add:
(5) Subsections (2) to (4) do not apply to a minor variation of a
national environment protection measure under Division 2A.
5 After Division 2 of
Part 3
Insert:
(1) The Council may vary any national environment protection measure
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.
A variation under this section is a minor
variation.
(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.
(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 specified period.
(2) A notice must:
(a) be published in the Gazette; and
(b) in each participating State or Territory concerned—also be
published, on at least 1 day 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 1 month after the day on which paragraph (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.
6 After paragraph 36(a)
Insert:
(aa) to provide assistance and support to other Ministerial Councils as
directed by the Council; and
7 At the end of paragraph
36(b)
Add “or (aa)”.
8 At the end of
section 64
Add:
Subsequent 5 yearly reviews
(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 tabled in each House of the
Parliament within 12 months after the end of the period to which it
relates.
Note: The following heading to subsection 64(1) is inserted
“Initial review after fifth anniversary of commencement of
Act”.