Northern Territory Numbered Acts

ENVIRONMENT PROTECTION AUTHORITY AMENDMENT ACT 2010 (NO 5 OF 2010) - SECT 6

Section 5

repeal, substitute

5     Function

The Authority's function is to advise the Minister, businesses and the community about ecologically sustainable development in the Territory.

5A     Advice about ongoing systemic issues

    (1)     For achieving its function, the Authority is to:

    (a)     review and assess:

        (i)     the extent to which, and how, a recommendation made under the Administrative Procedures for a particular proposed action has been given effect; and

        (ii)     the effectiveness of the environmental conditions of an environmental authority for the proposed action; and

    (b)     review and assess the effectiveness of Agency responses in dealing with environmental incidents and the coordination of the responses.

    (2)     Before giving advice about the operations of an Agency arising out of the review and assessment, the Authority must:

    (a)     give a copy of the proposed advice to the Chief Executive Officer of the Agency; and

    (b)     invite the Chief Executive Officer of the Agency to make a written submission to the Authority relating to the advice (an Agency submission ) within a reasonable stated period.

    (3)     In this section:

"environmental conditions", of an environmental authority, means conditions of the authority imposed for protecting the environment to give effect to a recommendation made under the Administrative Procedures for the action.

"recommendation" includes a comment and a suggestion.

5B     Other issues on which advice may be given

    (1)     For achieving its function, the Authority may also, on its own initiative or at the request of the Minister or a member of the public, give advice about any of the following matters:

    (a)     achieving best practice environmental policy and management;

    (b)     setting objectives, targets and standards for the public and private sectors;

    (c)     reviewing procedures of the public and private sectors;

    (d)     legislation and its administration;

    (e)     issues affecting the Territory's capacity to achieve ecologically sustainable development;

    (f)     emerging environmental issues.

    (2)     However, the Authority may give advice about the environmental aspects of a particular proposed action under subsection (1) only if the Minister is given notice of the proposed action under the Administrative Procedures after the commencement of this section.