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National Environment Protection Council
(Victoria) (Amendment) Bill
Victorian Legislation and Parliamentary Documents
Circulation Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purposes of the Bill.
Clause 2 provides that the commencement date for the provisions of this
Bill is the day after the day on which it receives Royal Assent.
Clause 3 identifies the National Environment Protection Council
(Victoria) Act 1995 as the Principal Act.
Clause 4 inserts into section 6(1) of the Principal Act a definition of
"Ministerial Council" that will enable the NEPC Service
Corporation ("the Service Corporation") to service Ministerial
Councils that include environment protection in their functions
and a definition of "minor variation".
Clause 5 amends section 13 of the Principal Act to provide that the
National Environment Protection Council ("the Council") has the
power to direct the Service Corporation to provide assistance and
support to Ministerial Councils in addition to the Council.
Clause 6 Section 20 of the Principal Act entitles the Council to vary or
revoke national environment protection measures. This clause
inserts a new sub-section (5) into section 20 of the Principal Act
to provide that sections 20(2) and 20(4) do not apply to a minor
variation of a national environment protection measure under
new Division 2A.
Clause 7 inserts a new Division 2A--Minor variation of national
environment protection measures--into the Principal Act.
This Division provides for the making of minor variations to
national environment protection measures by the Council and
contains the procedures the Council must follow when making a
minor variation.
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New section 22A(1) sets out the conditions under which the
Council may determine whether a variation to a national
environment protection measure is a minor variation.
Victorian Legislation and Parliamentary Documents
New section 22A(2) requires that that the Council prepares a
draft of the proposed variation and a statement explaining the
reasons for making the variation, the nature and effect of the
variation and the reasons why the Council is satisfied the
variation is a minor variation.
New section 22B prescribes the public consultation requirements
that the Council must complete before a minor variation is made.
New section 22C provides that when making a minor variation
the Council must have regard to any submissions it receives that
relate to the proposed variation or explanatory statement, whether
the measure is consistent with section 3 of the Agreement,
relevant international agreements to which Australia is a party
and any regional environmental differences in Australia.
Clause 8 inserts a new section 36(aa) into the Principal Act to enable the
Service Corporation to provide assistance and support to other
Ministerial Councils as directed by the Council. This clause also
inserts a reference to section 36(aa) in section 36(b) to enable the
Service Corporation to do anything incidental or conducive to its
provision of assistance to other Ministerial Councils.
Clause 9 amends section 43 of the Principal Act to clarify that the leave
entitlements of the NEPC Executive Officer are not subject to
section 87E of the Public Service Act 1922 of the
Commonwealth.
Clause 10 inserts additional sections 64(3) and 64(4) which provide for the
Act to be reviewed at 5 yearly intervals after the first 5 year
review and for the report of each further review to be tabled in
Parliament within 1 year after the end of the period to which it
relates.
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