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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. 1 551068 BILL LA CIRCULATION 6/6/2003
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. 2