Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL ENVIRONMENT PROTECTION MEASURES (IMPLEMENTATION) REGULATIONS 1999 1999 NO. 206

Statutory Rules 1999 No. 206

Issued by the Authority of the Minister for the Environment and Heritage

National Environment Protection Measures (Implementation) Act 1998

National Environment Protection Measures (Implementation) Regulations 1999

Section 42 of the National Environment Protection Measures (Implementation) Act 1998 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The regulations give effect to provisions in the Act, which require certain matters to be prescribed by regulation to enable National Environment Protection Measures (NEPMs) to apply to the Commonwealth. NEPMs are made by the National Environment Protection Council (NEPC) under the National Environment Protection Council Act 1994. NEPMs are similar to environmental protection policies and may consist of any combination of goals, standards, protocols, and guidelines. NEPC has made NEPMs relating to ambient air quality, the movement of controlled waste between states and territories, the national pollutant inventory, and used packaging materials. Under the Act, the Environment Minister may apply state laws that implement NEPMs to the activities of the Commonwealth in Commonwealth places or other places. NEPMs can also be implemented by regulation, environmental audits, and environment management plans. The Environment Minister may also, by declaration, restrict the implementation of NEPMs in the national interest, or for reasons of administrative efficiency.

Details of the Regulations are as follows:

Regulation 1 provides that the name of the Regulations is the National Environment Protection Measures (Implementation) Regulations 1999.

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 defines the word "Act" in the Regulations as the National Environment Protection Measures (Implementation) Act 1998.

Subregulation 4 (1) prescribes certain activities carried out by telecommunication carriers under Schedule 3 of the Telecommunications Act 1997, as matters of national interest under section 5 of the Act. With respect to their telecommunication networks, carriers are exempt under Schedule 3, from state planning and environment laws relating to the inspection of land for the installation of new facilities, the maintenance of existing facilities, and the installation of 'low impact' facilities. These three activities are prescribed as matters of national interest. Schedule 3 also requires carriers to comply with a number of general standards to ensure that work done causes as little damage as possible to the land, and is conducted in accordance with good engineering practice. The Commonwealth Minister for Communications, Information Technology, and the Arts has released a Code of Practice governing the carriers' authorised activities.

Subregulation 4 (2) prescribes certain activities relating to the management of Australian airspace and airports, as matters of national interest under section 5 of the Act. Subregulation 4 (2) encapsulates a long-standing policy that airspace and airport management need to remain essentially the primary responsibility of the Commonwealth in the interests of maintaining airport operations, air safety, the national air transport system, and Australia's obligations pursuant to international aviation treaties. These matters are dealt with under Commonwealth legislation including the Air Services Regulations, the Air Navigation Act 1920, the Air Navigation Regulations, the Air Navigation (Aircraft Noise) Regulations, and the Air Navigation (Aircraft Engine Emissions) Regulations. If State and Territory laws implementing NEPMs were applied to the Commonwealth in matters that affect aircraft noise, engine emissions, and flight paths, different conditions would apply across Australian jurisdictions.

An alternative regime for implementing NEPMs, in terms of airport management, is provided by the Airports Act 1996. This establishes a Commonwealth environmental management regime for Commonwealth airports. The regime, through the Airports (Environment Protection) Regulations, works in conjunction with national environment protection measures to establish a Commonwealth system of regulation of, and accountability for, activities at airports that generate. or have the potential to generate pollution, and to promote improving environmental management practices for activities carried out at airport sites. Additionally, application of NEPMs through State and Territory laws has the potential to create inconsistencies within an otherwise uniform regulatory framework.

Paragraph 4 (2) (a) accordingly prescribes as a matter of national interest, activities that ensure the effective discharge by Airservices Australia of its statutory powers and functions under the Air Services Act 1995. These powers and functions relate to management issues; the provision of facilities to permit the safe navigation of aircraft within Australian-administered airspace; the provision of services relating to the safety, regularity or efficiency of air navigation; and the carrying out of activities to protect the environment from the effects of, and the effects associated with, Commonwealth jurisdiction aircraft.

Paragraph 4 (2) (b) accordingly prescribes as a matter of national interest, activities associated with the management of an airport that is also an airport site under the Airports Act 1996.

Regulation 5 provides for the accreditation of environmental auditors in accordance with accreditation standards and procedures administered by the Joint Accreditation System of Australia and New Zealand (JAS-ANZ) under subsection 25 (2) of the Act. An auditor must be a person acting for, or employed by, a body that is accredited under JAS-ANZ, and must also be a person who is certified by that body, as an auditor of environment management systems.

Regulation 6 provides that a decision by the Environment Minister under subsection 23 (1) of the Act is a reviewable decision under the Act. Under subsection 23 (1), the Environment Minister must become satisfied about certain matters before an environmental audit is carried out, or an environment management plan is prepared under Part 5 of the Act, to implement NEPMs.

Regulation 7 prescribes the form of, and the information required to be included in, an annual report required to be made by relevant ministers to the Environment Minister on the implementation of NEPMs by Commonwealth Departments and Authorities under subsection 40 (1) of the Act.