Schedule 1—Transitional provisions
In this Schedule—
Minister means the Minister responsible for the administration of the
principal Act;
principal Act means the Environment Protection Act 1993 .
2—Environment, Resources and Development Committee to conduct inquiry
into administering agencies
The Environment, Resources and Development Committee of the Parliament must,
not less than 2 years after the commencement of section 17, inquire into,
consider and report on the role and functions of administering agencies (other
than the Environment Protection Authority) under the principal Act as amended
by this Act.
3—Amendment of environment protection policies by notice
(1) The Minister may,
by notice in the Gazette, amend an environment protection policy—
(a) to
substitute, for references in the policy to a "Category C offence", references
to a "Category D offence"; or
(b) to
add to the policy references to another "administering agency" so that they
appear in the alternative to references to the "Authority".
(2) An amendment under
subclause (1) comes into operation on the day fixed in the notice of the
amendment.
4—Environment protection policies in force under section 28A
The following provisions apply in relation to an environment protection policy
in operation immediately before the commencement of section 22 by virtue
of section 28A(1) of the principal Act:
(a) on
the commencement of section 22, the environment protection policy
continues in operation as an environment protection policy made under the
principal Act;
(b)
after the commencement of section 22, the normal procedure for making
environment protection policies does not apply in relation to a draft
environment protection policy—
(i)
that revokes and replaces the environment protection
policy if the Minister is satisfied that—
(A) the draft environment protection policy
covers the same subject matter as the policy it is revoking; and
(B) the only substantive changes relate to
the enforcement of the policy (including the imposition of penalties for
contravention of the policy) or are otherwise necessary or appropriate for the
application of the policy in this jurisdiction; or
(ii)
that revokes the environment protection policy if the
Minister is satisfied that an environment protection policy is not required
for the implementation of the relevant national environment protection
measure;
(c) the
Minister may refer a draft policy referred to in paragraph (b) directly
to the Governor.