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Queensland
NATIONAL ENVIRONMENT
PROTECTION COUNCIL
(QUEENSLAND) BILL 1994
Queensland
NATIONAL ENVIRONMENT
PROTECTION COUNCIL
(QUEENSLAND) BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3 Object of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Application of Acts of interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Implementation of national environment protection measures . . . . . . . . . . 10
PART 2--ESTABLISHMENT AND MEMBERSHIP OF THE
NATIONAL ENVIRONMENT PROTECTION COUNCIL
8 The National Environment Protection Council . . . . . . . . . . . . . . . . . . . . . . . 10
9 Membership of the Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Chairperson of the Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Deputies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 3--FUNCTIONS AND POWERS OF THE COUNCIL
Division 1--Functions and powers
12 Functions of the Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Powers of the Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Making of national environment protection measures
14 Council may make national environment protection measures . . . . . . . . . . 13
15 General considerations in making national environment
protection measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2
National Environment Protection Council
(Queensland)
16 Council to give notice of intention to prepare a draft of proposed
measure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Council to prepare draft of proposed measure and impact statement . . . . . 15
18 Public consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
19 Council to have regard to impact statements and submissions . . . . . . . . . . 16
20 Variation or revocation of measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21 National environment protection measures to be Commonwealth
disallowable instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
22 Failure to comply with procedural requirements . . . . . . . . . . . . . . . . . . . . . . 17
Division 3--Assessment and reporting on implementation and
effectiveness of measures
23 Report by Minister on implementation and effectiveness of measures . . . . 18
24 Annual report of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 4--MEETINGS OF THE COUNCIL AND
ESTABLISHMENT AND MEETINGS OF ITS COMMITTEES
Division 1--Meetings of Council
25 Convening of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Procedure at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
28 Voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2--Committees of Council
29 NEPC Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
30 Chairperson of NEPC Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
31 Procedures of NEPC Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
32 Functions of NEPC Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
33 Other committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
34 Withdrawal from Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 5--NEPC SERVICE CORPORATION, NEPC EXECUTIVE
OFFICER AND STAFF
Division 1--The NEPC Service Corporation
35 NEPC Service Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
36 Functions of the Service Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
37 Powers of the Service Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3
National Environment Protection Council
(Queensland)
38 Contracts and leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 2--The NEPC Executive Officer
39 NEPC Executive Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
40 NEPC Executive Officer to control Service Corporation . . . . . . . . . . . . . . . 23
41 NEPC Executive Officer to act in accordance with Council directions . . . 24
42 Remuneration and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
43 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
44 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
45 Termination of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
46 Terms and conditions not provided for by Act . . . . . . . . . . . . . . . . . . . . . . . . 25
47 Acting NEPC Executive Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
48 Powers and functions of acting NEPC Executive Officer . . . . . . . . . . . . . . . 26
Division 3--Staff of the Service Corporation and consultants
49 Public Service staff of Service Corporation . . . . . . . . . . . . . . . . . . . . . . . . . 26
50 Non-Public Service staff of Service Corporation . . . . . . . . . . . . . . . . . . . . . 26
51 Staff seconded to Service Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
52 Consultants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 6--FINANCE
53 Payments to Service Corporation by State . . . . . . . . . . . . . . . . . . . . . . . . . . 27
54 Payments to Service Corporation by Commonwealth and other
States and Territories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
55 Money of Service Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
56 Application of money of Service Corporation . . . . . . . . . . . . . . . . . . . . . . . . 28
57 Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
58 Non-application of State's audit legislation . . . . . . . . . . . . . . . . . . . . . . . . . 29
59 Special provisions relating to reports etc. prepared under the
Audit Act 1901 (Cwlth) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 7--MISCELLANEOUS
60 Powers and functions conferred under corresponding legislation . . . . . . . . . 29
61 Delegation by Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
62 Acts done by Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
63 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
4
National Environment Protection Council
(Queensland)
64 Review of operation of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 31
INTERGOVERNMENTAL AGREEMENT ON THE
ENVIRONMENT
1994
A BILL
FOR
An Act to provide for the establishment of a National Environment
Protection Council, and related purposes
6
National Environment Protection Council
(Queensland)
Parliament's reasons for enacting this Act are--
1. The Commonwealth, the States, the Australian Capital Territory, the
Northern Territory and the Australian Local Government Association have
entered into an Agreement known as the Intergovernmental Agreement on
the Environment setting out certain responsibilities of each party in relation
to the environment.
2. That Agreement provides that the Commonwealth, the States, the
Australian Capital Territory and the Northern Territory will make joint
legislative provision for the establishment of a body to determine national
environment protection measures.
3. That Agreement further provides that once the form of the joint
legislative provision for the establishment of the body has been agreed to,
the Commonwealth, the States, the Australian Capital Territory and the
Northern Territory will submit to their Parliaments or Legislative
Assemblies, and take such steps as are appropriate to secure the passage of,
Bills containing that legislation.
s1 7 s4
National Environment Protection Council
(Queensland)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the National Environment Protection 4
Council (Queensland) Act 1994. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
of Act 8
Object
3. The object of this Act is to ensure that, by means of the establishment 9
and operation of the National Environment Protection Council-- 10
(a) people enjoy the benefit of equivalent protection from air, water 11
or soil pollution and from noise, wherever they live in Australia; 12
and 13
(b) decisions of the business community are not distorted, and 14
markets are not fragmented, by variations between participating 15
jurisdictions in relation to the adoption or implementation of 16
major environment protection measures. 17
binds all persons 18
Act
4. This Act binds all persons, including the State and, so far as the 19
legislative power of the Parliament permits, the Commonwealth, the other 20
States and the Territories. 21
s5 8 s6
National Environment Protection Council
(Queensland)
of Acts of interpretation 1
Application
5.(1) If an expression used in this Act or the regulations under this Act 2
would (because of the Acts Interpretation Act 1954) have a different 3
meaning from the meaning of the same expression used in the 4
corresponding provision of the Commonwealth Act, the expression has the 5
meaning it has in the Commonwealth Act, unless the contrary intention 6
appears. 7
(2) Accordingly, the Acts Interpretation Act 1954 does not apply to the 8
interpretation of that expression. 9
10
Interpretation
6.(1) In this Act, unless the contrary intention appears-- 11
"Agreement" means the agreement made on 1 May 1992 between the 12
Commonwealth, the States, the Australian Capital Territory, the 13
Northern Territory and the Australian Local Government Association, 14
a copy of which is set out in the Schedule. 15
"Australian Local Government Association" means the Australian Local 16
Government Association Limited. 17
"Commonwealth Act" means the National Environment Protection 18
Council Act 1994 (Cwlth). 19
"Council" means the National Environment Protection Council established 20
by section 8. 21
"member" means a member of the Council. 22
"national environment protection goal" means a goal-- 23
(a) that relates to desired environmental outcomes; and 24
(b) that guides the formulation of strategies for the management of 25
human activities that may affect the environment. 26
"national environment protection guideline" means a guideline that 27
gives guidance on possible means for achieving desired environmental 28
outcomes. 29
"national environment protection measure" means a measure made 30
under section 14(1). 31
s6 9 s6
National Environment Protection Council
(Queensland)
"national environment protection protocol" means a protocol that relates 1
to the process to be followed in measuring environmental 2
characteristics to determine-- 3
(a) whether a particular standard or goal is being met or achieved; or 4
(b) the extent of the difference between the measured characteristic of 5
the environment and a particular standard or a particular goal. 6
"national environment protection standard" means a standard that 7
consists of quantifiable characteristics of the environment against 8
which environmental quality can be assessed. 9
"NEPC Committee" means the committee established by section 29. 10
"NEPC Executive Officer" means the person who, from time to time, 11
holds the office of NEPC Executive Officer established by section 39 12
and includes a person acting in that office. 13
"NEPC Service Corporation" means the Corporation referred to in 14
section 35. 15
"participating jurisdiction" means the Commonwealth, a participating 16
State or a participating Territory. 17
"participating State" means a State-- 18
(a) that is a party to the Agreement; and 19
(b) in which an Act that corresponds to this Act is in force in 20
accordance with the Agreement. 21
"participating Territory" means a Territory-- 22
(a) that is a party to the Agreement; and 23
(b) in which an Act that corresponds to this Act is in force in 24
accordance with the Agreement. 25
"Service Corporation" means the NEPC Service Corporation. 26
"Territory" means the Australian Capital Territory or the Northern 27
Territory. 28
(2) A reference in this Act to the implementation of national environment 29
protection measures includes a reference to the enforcement of the laws and 30
other arrangements made for the purpose of implementing those measures. 31
s7 10 s9
National Environment Protection Council
(Queensland)
of national environment protection measures 1
Implementation
7. It is the intention of the Parliament that the State will, in compliance 2
with its obligations under the Agreement, implement, by such laws and 3
other arrangements as are necessary, each national environment protection 4
measure in respect of activities that are subject to State law (including 5
activities of the State and its instrumentalities). 6
ART 2--ESTABLISHMENT AND MEMBERSHIP OF 7
P
THE NATIONAL ENVIRONMENT PROTECTION 8
COUNCIL 9
National Environment Protection Council 10
The
8. The National Environment Protection Council is established. 11
of the Council 12
Membership
9.(1) The Council consists of the following members-- 13
(a) a Minister of the Commonwealth who is nominated by the Prime 14
Minister; 15
(b) a Minister of each participating State who is nominated by the 16
Premier of the State concerned; 17
(c) a Minister of each participating Territory who is nominated by the 18
Chief Minister of the Territory concerned. 19
(2) A member ceases to be a member if-- 20
(a) the participating State or participating Territory in respect of 21
which the member is nominated ceases to be a participating State 22
or participating Territory; or 23
(b) the member ceases to be a Minister; or 24
(c) another Minister of the same jurisdiction is nominated in 25
substitution for the member. 26
s 10 11 s 11
National Environment Protection Council
(Queensland)
(3) Nominations under this section must be in writing. 1
(4) The performance of a function or the exercise of a power by the 2
Council is not affected by a vacancy or vacancies in the membership of the 3
Council. 4
(5) Anything done by or in relation to a person purporting to act under a 5
nomination under this section is not invalid merely because there was a 6
defect or irregularity in connection with the nomination. 7
of the Council 8
Chairperson
10. The member referred to in section 9(1)(a) is the Chairperson of the 9
Council. 10
11
Deputies
11.(1) The Prime Minister, the Premier of a participating State or the 12
Chief Minister of a participating Territory may nominate a Minister to be 13
the deputy of the Minister nominated under section 9. 14
(2) In the event of the absence or unavailability of the Chairperson, or of 15
another member, the Minister nominated as the deputy of the Chairperson 16
or of that other member-- 17
(a) may act in the place of the Chairperson or of that other member; 18
and 19
(b) while so acting, has all the functions and powers of the 20
Chairperson or of that other member. 21
(3) Nominations under this section must be in writing. 22
(4) Anything done by or in relation to a person purporting to act under a 23
nomination under subsection (1) is not invalid merely because-- 24
(a) there was a defect or irregularity in connection with the 25
nomination; or 26
(b) the occasion to act had not arisen or had ceased. 27
s 12 12 s 13
National Environment Protection Council
(Queensland)
PART 3--FUNCTIONS AND POWERS OF THE 1
COUNCIL 2
Division 1--Functions and powers 3
of the Council 4
Functions
12. The Council has the following functions-- 5
(a) to make national environment protection measures in accordance 6
with Division 2; 7
(b) to assess and report on the implementation and effectiveness, in 8
participating jurisdictions, of national environment protection 9
measures. 10
of the Council 11
Powers
13. The Council has power to do all things that are necessary or 12
convenient to be done for or in connection with the performance of its 13
functions, and, in particular, has power to-- 14
(a) consult with appropriate persons and bodies; and 15
(b) obtain advice and assistance from the NEPC Committee or from 16
another committee established by the Council under section 33; 17
and 18
(c) undertake or commission research; and 19
(d) publish reports relating to the functions and powers of the 20
Council; and 21
(e) provide information to the public (including industry); and 22
(f) consult with relevant Commonwealth, State and Territory bodies; 23
and 24
(g) consult with the Australian Local Government Association. 25
s 14 13 s 14
National Environment Protection Council
(Queensland)
Division 2--Making of national environment protection measures 1
may make national environment protection measures 2
Council
14.(1) The Council may, by instrument in writing, make a measure, to be 3
known as a national environment protection measure, that relates to any one 4
or more of the following-- 5
(a) ambient air quality; 6
(b) ambient marine, estuarine and fresh water quality; 7
(c) the protection of amenity in relation to noise (but only if 8
differences in environmental requirements relating to noise would 9
have an adverse effect on national markets for goods and 10
services); 11
(d) general guidelines for the assessment of site contamination; 12
(e) environmental impacts associated with hazardous wastes; 13
(f) the re-use and recycling of used materials; 14
(g) except as provided in subsection (2), motor vehicle noise and 15
emissions. 16
(2) Noise and emission standards relating to the design, construction and 17
technical characteristics of new and in-service motor vehicles may only-- 18
(a) be developed and agreed in conjunction with the National Road 19
Transport Commission; and 20
(b) be determined in accordance with the National Road Transport 21
Commission Act 1991 (Cwlth) and, where appropriate, the Motor 22
Vehicle Standards Act 1989 (Cwlth). 23
(3) National environment protection measures must each comprise one 24
or more of the following-- 25
(a) a national environment protection standard; 26
(b) a national environment protection goal; 27
(c) a national environment protection guideline; 28
(d) a national environment protection protocol. 29
s 15 14 s 16
National Environment Protection Council
(Queensland)
considerations in making national environment protection 1
General
measures 2
15. In making any national environment protection measure, the Council 3
must have regard to-- 4
(a) whether the measure is consistent with section 3 of the 5
Agreement; and 6
(b) the environmental, economic and social impact of the measure; 7
and 8
(c) the simplicity, efficiency and effectiveness of the administration 9
of the measure; and 10
(d) whether the most effective means of achieving the desired 11
environmental outcomes of the measure is by means of a national 12
environment protection standard, goal or guideline or any 13
particular combination of them; and 14
(e) the relationship of the measure to existing inter-governmental 15
mechanisms; and 16
(f) relevant international agreements to which Australia is a party; 17
and 18
(g) any regional environmental differences in Australia. 19
to give notice of intention to prepare a draft of proposed 20
Council
measure 21
16.(1) If the Council intends to make a national environment protection 22
measure, the Council must publish a notice-- 23
(a) specifying the subject of the proposed measure; and 24
(b) stating that the Council intends to prepare a draft of the proposed 25
measure. 26
(2) The notice must-- 27
(a) be published in the Commonwealth of Australia Gazette; and 28
(b) so far as each participating State or Territory is concerned--also 29
be published, on at least 2 days during the month when the 30
s 17 15 s 18
National Environment Protection Council
(Queensland)
Commonwealth of Australia Gazette notice is published, in a 1
newspaper circulating in that State or Territory. 2
to prepare draft of proposed measure and impact statement 3
Council
17. Before making any national environment protection measure and not 4
earlier than 30 days after the day on which section 16(2)(b) has been fully 5
complied with in all participating jurisdictions, the Council must prepare-- 6
(a) a draft of the proposed measure; and 7
(b) an impact statement relating to the proposed measure that 8
includes the following-- 9
(i) the desired environmental outcomes; 10
(ii) the reasons for the proposed measure and the environmental 11
impact of not making the measure; 12
(iii) a statement of the alternative methods of achieving the 13
desired environmental outcomes and the reasons why those 14
alternatives have not been adopted; 15
(iv) an identification and assessment of the economic and social 16
impact on the community (including industry) of making the 17
proposed measure; 18
(v) a statement of the manner in which any regional 19
environmental differences in Australia have been addressed 20
in the development of the proposed measure; 21
(vi) the intended date for making the proposed measure; 22
(vii) the timetable (if any) for the implementation of the proposed 23
measure; 24
(viii)the transitional arrangements (if any) in relation to the 25
proposed measure. 26
consultation 27
Public
18.(1) Before making a national environment protection measure, the 28
Council must publish a notice-- 29
s 19 16 s 20
National Environment Protection Council
(Queensland)
(a) stating how the draft of the proposed measure and the impact 1
statement may be obtained; and 2
(b) inviting submissions to the Council on the proposed measure, or 3
on the impact statement, within a specified period. 4
(2) A notice must-- 5
(a) be published in the Commonwealth of Australia Gazette; and 6
(b) so far as each participating State or Territory is concerned--also 7
be published, on at least 2 days during the month when the 8
Commonwealth of Australia Gazette notice is published, in a 9
newspaper circulating in that State or Territory. 10
(3) The period specified in each notice under subsection (1) must end not 11
less than 2 months after the day on which subsection (2)(b) has been fully 12
complied with in all participating jurisdictions. 13
to have regard to impact statements and submissions 14
Council
19. In making a national environment protection measure, the Council is 15
to have regard, in addition to the matters referred to in section 15, to-- 16
(a) the impact statement that relates to the measure; and 17
(b) any submissions it receives that relate to the measure or to the 18
impact statement; and 19
(c) any advice from the NEPC Committee or from a committee 20
established under section 33. 21
or revocation of measures 22
Variation
20.(1) The Council may vary or revoke any national environment 23
protection measure. 24
(2) If the Council intends to vary or revoke a national environment 25
protection measure, the Council must publish a notice specifying the 26
measure that the Council intends varying or revoking. 27
(3) The notice must-- 28
(a) be published in the Commonwealth of Australia Gazette; and 29
s 21 17 s 22
National Environment Protection Council
(Queensland)
(b) so far as each participating State or Territory is concerned--also 1
be published, on at least 2 days during the month when the 2
Commonwealth of Australia Gazette notice is published, in a 3
newspaper circulating in that State or Territory. 4
(4) Sections 15, 17, 18 and 19 apply to a variation or revocation of a 5
national environment protection measure as if-- 6
(a) a reference to making a national environment protection measure 7
were a reference to a variation or revocation of a national 8
environment protection measure, as the case may be; and 9
(b) a reference to a national environment protection measure were a 10
reference to the variation or revocation of such a measure, as the 11
case may be; and 12
(c) a reference to a proposed national environment protection 13
measure were a reference to a proposed variation or proposed 14
revocation of such a measure, as the case may be; and 15
(d) the reference in section 17 to the day on which section 16(2)(b) 16
has been fully complied with in all participating jurisdictions were 17
a reference to the day on which subsection (3)(b) has been fully 18
complied with in all participating jurisdictions. 19
environment protection measures to be Commonwealth 20
National
disallowable instruments 21
21.(1) Section 21 of the Commonwealth Act applies to national 22
environment protection measures made by the Council. 23
(2) Any such measure ceases to have effect if it is disallowed by either 24
House of the Parliament of the Commonwealth or if it otherwise ceases to 25
have effect for the purposes of the Commonwealth Act. 26
to comply with procedural requirements 27
Failure
22. If-- 28
(a) the Council fails to comply with a particular procedural 29
requirement of this Act in making a national environment 30
protection measure; but 31
s 23 18 s 24
National Environment Protection Council
(Queensland)
(b) despite that failure the Council has substantially complied with 1
the procedural requirements of this Act for making that measure, 2
the failure does not invalidate the measure so made. 3
Division 3--Assessment and reporting on implementation and 4
effectiveness of measures 5
by Minister on implementation and effectiveness of measures 6
Report
23.(1) The Minister of the State who is a member of the Council is, after 7
each reporting year of the Council, to prepare a report on the 8
implementation of national environment protection measures during that 9
year by the State and the effectiveness of those measures. 10
(2) A report under subsection (1) must be submitted to the Council by 11
the 30 September next following each reporting year. 12
(3) In this section-- 13
"reporting year" means a year ending on 30 June. 14
report of Council 15
Annual
24.(1) The Council must, as soon as practicable after 30 September in 16
each year, prepare a report of its operations during the year ended on the 17
preceding 30 June. 18
(2) A report prepared under subsection (1) must include-- 19
(a) a copy of the report the Council receives under section 23 and 20
copies of the reports for the year that it receives from the 21
Commonwealth and other State and Territory Ministers under 22
corresponding legislation; and 23
(b) the Council's overall assessment of the implementation and 24
effectiveness of national environment protection measures having 25
regard to all of the reports referred to in paragraph (a). 26
(3) The Minister must table a copy of the report in the Legislative 27
Assembly within 7 sitting days after the Council formally adopts the report. 28
s 25 19 s 28
National Environment Protection Council
(Queensland)
ART 4--MEETINGS OF THE COUNCIL AND 1
P
ESTABLISHMENT AND MEETINGS OF ITS 2
COMMITTEES 3
1--Meetings of Council 4
Division
of meetings 5
Convening
25. The Chairperson-- 6
(a) may, at any time, convene a meeting of the Council; and 7
(b) must convene a meeting of the Council when requested to do so 8
in writing signed by at least two-thirds of the members. 9
at meetings 10
Procedure
26.(1) The Chairperson is to preside at all meetings at which he or she is 11
present. 12
(2) If the Chairperson is not present at a meeting, the members present 13
are to elect one of their number to preside. 14
(3) The Council is to keep minutes of each meeting. 15
(4) Subject to this Division, the Council may regulate the conduct of the 16
proceedings at its meetings as it thinks fit. 17
uorum 18
Q
27. At a meeting, two-thirds of the members constitute a quorum. 19
at meetings 20
Voting
28.(1) At a meeting, a decision of the Council must be supported by the 21
votes of at least two-thirds of the members, whether present or not. 22
(2) The member presiding at a meeting of the Council has a deliberative 23
vote only. 24
s 29 20 s 33
National Environment Protection Council
(Queensland)
Division 2--Committees of Council 1
Committee 2
NEPC
29.(1) There is established by this section a committee known as the 3
National Environment Protection Council Committee. 4
(2) The NEPC Committee consists of the following members-- 5
(a) the NEPC Executive Officer; 6
(b) a nominee of each member of the Council, being an official of the 7
Commonwealth, a State or a Territory, as the case requires. 8
(3) The President of the Australian Local Government Association may 9
nominate a person who is entitled to attend and be heard at any meeting of 10
the NEPC Committee but who is not entitled to vote at any such meeting. 11
of NEPC Committee 12
Chairperson
30. The nominee of the Chairperson of the Council is to be Chairperson 13
of the NEPC Committee. 14
of NEPC Committee 15
Procedures
31.(1) Meetings of the NEPC Committee are to be convened at the 16
request of the Council or by the Chairperson of the Committee in 17
accordance with procedures determined by the Council. 18
(2) The procedures to be followed at a meeting of the NEPC Committee 19
are to be determined by the Committee. 20
of NEPC Committee 21
Functions
32. The functions of the NEPC Committee are to assist and advise the 22
Council in the performance of its functions and the exercise of its powers. 23
committees 24
Other
33.(1) The Council may establish other committees to assist the Council 25
s 34 21 s 35
National Environment Protection Council
(Queensland)
in developing national environment protection measures (including 1
assistance on specified issues). 2
(2) The functions, membership and procedures of such other committees 3
are to be determined by the Council. 4
from Agreement 5
Withdrawal
34.(1) If a State or Territory ceases to be a participating State or 6
participating Territory-- 7
(a) the member of the NEPC Committee nominated by the Premier 8
of the State or Chief Minister of the Territory ceases to be a 9
member of the NEPC Committee; and 10
(b) a member of any other committee who represents the State or 11
Territory ceases to be a member of that other committee. 12
(2) If the Australian Local Government Association ceases to be a party 13
to the Agreement, the person nominated by the President of the Association 14
to attend and be heard at meetings of the NEPC Committee ceases to be 15
entitled so to attend and be heard. 16
ART 5--NEPC SERVICE CORPORATION, NEPC 17
P
EXECUTIVE OFFICER AND STAFF 18
1--The NEPC Service Corporation 19
Division
Service Corporation 20
NEPC
35.(1) The NEPC Service Corporation is the corporation with perpetual 21
succession constituted by section 35 of the Commonwealth Act. 22
(2) The Service Corporation-- 23
(a) may acquire, hold and dispose of real and personal property; and 24
(b) may sue and be sued. 25
s 36 22 s 37
National Environment Protection Council
(Queensland)
(3) The seal of the Service Corporation is to be kept in such custody as 1
the Council directs and is not to be used except in the circumstances 2
authorised by the Council. 3
(4) All courts, judges and persons acting judicially must-- 4
(a) take judicial notice of the imprint of the seal of the Service 5
Corporation appearing on any document; and 6
(b) presume the imprint was duly made. 7
of the Service Corporation 8
Functions
36. The functions of the Service Corporation are-- 9
(a) to provide assistance and support to the Council, the NEPC 10
Committee and any other committee established under 11
section 33; and 12
(b) to do anything incidental or conducive to the performance of the 13
function referred to in paragraph (a). 14
of the Service Corporation 15
Powers
37.(1) The Service Corporation has power to do all things that are 16
necessary or convenient to be done for or in connection with the 17
performance of the functions of the Corporation and, in particular, has 18
power-- 19
(a) to enter into contracts; and 20
(b) to lease the whole or any part of land or a building for the 21
purposes of the Corporation; and 22
(c) to occupy, use and control any land or building owned or held 23
under lease by the State and made available for the purposes of 24
the Corporation; and 25
(d) to acquire, hold and dispose of personal property; and 26
(e) to accept gifts, devises and bequests made to the Corporation, 27
whether on trust or otherwise, and to act as trustee of money or 28
other property vested in the Corporation on trust; and 29
s 38 23 s 40
National Environment Protection Council
(Queensland)
(f) to do anything incidental to any of the powers of the Corporation. 1
(2) Despite anything contained in this Act, any money or property vested 2
in the Corporation on trust must be dealt with in accordance with the 3
powers and duties of the Corporation as trustee. 4
(3) The Corporation has power to perform any of its functions in co- 5
operation with the Commonwealth, a State or a Territory, with an authority 6
of the Commonwealth or of a State or a Territory or with a local 7
government body. 8
and leases 9
Contracts
38. The Service Corporation must not, without the written approval of 10
the Council-- 11
(a) enter into a contract involving the payment or receipt of an 12
amount exceeding $250,000 or, if a higher amount is prescribed 13
under section 38 of the Commonwealth Act, that higher amount; 14
and 15
(b) take any land or buildings on lease for a period exceeding 3 years. 16
2--The NEPC Executive Officer 17
Division
Executive Officer 18
NEPC
39.(1) There is to be a NEPC Executive Officer. 19
(2) The NEPC Executive Officer is to be appointed by the Council. 20
(3) The NEPC Executive Officer is to be appointed for such period, not 21
exceeding 5 years, as is specified in the instrument of appointment, but is 22
eligible for re-appointment. 23
Executive Officer to control Service Corporation 24
NEPC
40.(1) The affairs of the Service Corporation are, subject to section 41, to 25
be conducted by the NEPC Executive Officer. 26
(2) All acts and things done in the name of, or on behalf of, the Service 27
s 41 24 s 43
National Environment Protection Council
(Queensland)
Corporation by or with the authority of the NEPC Executive Officer are 1
taken to have been done by the Corporation. 2
Executive Officer to act in accordance with Council directions 3
NEPC
41.(1) The Council may, by notice in writing given to the NEPC 4
Executive Officer, give directions to the Executive Officer with respect to 5
the conduct of the affairs of the Service Corporation. 6
(2) The NEPC Executive Officer must comply with a direction given 7
under subsection (1). 8
and allowances 9
Remuneration
42.(1) The NEPC Executive Officer is to be paid such remuneration as is 10
determined by the Remuneration Tribunal of the Commonwealth in 11
accordance with the law of the Commonwealth, but, if no determination of 12
that remuneration is in force, is to be paid such remuneration as is 13
determined in writing by the Council. 14
(2) The NEPC Executive Officer is to be paid such allowances as are 15
determined by the Council. 16
(3) Remuneration and allowances payable to the NEPC Executive 17
Officer under this section are to be paid out of the money of the Service 18
Corporation referred to in section 55. 19
(4) This section, other than subsection (3), has effect subject to the 20
Remuneration Tribunal Act 1973 (Cwlth). 21
of absence 22
Leave
43.(1) Subject to section 87E of the Public Service Act 1922 (Cwlth), the 23
NEPC Executive Officer has such recreation leave entitlements as are 24
determined by the Remuneration Tribunal of the Commonwealth in 25
accordance with the law of the Commonwealth. 26
(2) The Council may grant the NEPC Executive Officer leave of absence 27
other than recreation leave, on such terms and conditions as to remuneration 28
or otherwise as the Council determines. 29
s 44 25 s 47
National Environment Protection Council
(Queensland)
1
Resignation
44. The NEPC Executive Officer may resign his or her office by writing 2
signed by him or her and delivered to the Chairperson of the Council. 3
of office 4
Termination
45.(1) The Council may terminate the appointment of the NEPC 5
Executive Officer because of misbehaviour or physical or mental 6
incapacity. 7
(2) If the NEPC Executive Officer-- 8
(a) engages in paid employment outside the duties of his or her 9
office without the approval of the Council; or 10
(b) is absent from duty, except on leave of absence, for 14 11
consecutive days or 28 days in any 12 months; or 12
(c) becomes bankrupt or applies to take the benefit of any law for the 13
relief of bankrupt or insolvent debtors, compounds with his or 14
her creditors or makes an assignment of his or her remuneration 15
for their benefit; or 16
(d) contravenes section 41(2) without reasonable excuse; 17
the Council must terminate his or her appointment. 18
and conditions not provided for by Act 19
Terms
46. The NEPC Executive Officer holds office on such terms and 20
conditions (if any) in relation to matters not provided for by this Act as are 21
determined by the Council from time to time. 22
NEPC Executive Officer 23
Acting
47. The Council may appoint a person to act as the NEPC Executive 24
Officer-- 25
(a) during a vacancy in the office of NEPC Executive Officer, 26
whether or not an appointment has previously been made to the 27
office; or 28
s 48 26 s 51
National Environment Protection Council
(Queensland)
(b) during any period, or during all periods, when the NEPC 1
Executive Officer is absent from Australia or, for any reason, is 2
unable to perform the functions of his or her office. 3
and functions of acting NEPC Executive Officer 4
Powers
48. A person acting in the office of NEPC Executive Officer-- 5
(a) has, and may exercise, all the powers of the Executive Officer; 6
and 7
(b) may perform any of the functions of the Executive Officer; and 8
(c) is to be taken to be the Executive Officer for the purpose of any 9
reference to the Executive Officer in any other law. 10
Division 3--Staff of the Service Corporation and consultants 11
Service staff of Service Corporation 12
Public
49.(1) Subject to this Division, staff of the Service Corporation are to be 13
persons appointed or employed under the Public Service Act 1922 (Cwlth). 14
(2) The NEPC Executive Officer may exercise the powers conferred by 15
section 49(2) and (3) of the Commonwealth Act. 16
Service staff of Service Corporation 17
Non-Public
50.(1) In addition to the staff referred to in section 49(1), the Service 18
Corporation may employ persons, under written agreements, for the 19
performance of any of the functions or the exercise of any of the powers of 20
the Corporation. 21
(2) The terms and conditions of employment of persons employed under 22
subsection (1) are such as the Corporation determines from time to time. 23
seconded to Service Corporation 24
Staff
51.(1) The Service Corporation may make arrangements for the services 25
of officers and employees of Departments of the Australian Public Service, 26
s 52 27 s 54
National Environment Protection Council
(Queensland)
and of authorities of the Commonwealth, to be made available to the 1
Corporation in connection with the performance of any of the functions or 2
the exercise of any of the powers of the Corporation. 3
(2) The Service Corporation may make arrangements with an officer or 4
authority of a State or Territory, under which the State or Territory or the 5
authority makes officers or employees available to the Corporation to 6
perform services in connection with the performance of any of the functions 7
or the exercise of any of the powers of the Corporation. 8
onsultants 9
C
52.(1) The Service Corporation may engage persons with suitable 10
qualifications and experience as consultants. 11
(2) The terms and conditions of engagement of consultants are such as 12
the Corporation determines from time to time. 13
PART 6--FINANCE 14
to Service Corporation by State 15
Payments
53.(1) There is payable to the Service Corporation such money as is 16
appropriated by Parliament of the State for the purposes of the Corporation. 17
(2) The Treasurer may give directions about the amounts in which, and 18
the times at which, money payable under subsection (1) is to be paid to the 19
Corporation. 20
to Service Corporation by Commonwealth and other States 21
Payments
and Territories 22
54. The Service Corporation may receive money paid to it by the 23
Commonwealth or by another State or Territory. 24
s 55 28 s 57
National Environment Protection Council
(Queensland)
of Service Corporation 1
Money
55. The money of the Service Corporation consists of-- 2
(a) money paid to the Corporation under section 53; and 3
(b) money received by the Corporation under section 54; and 4
(c) any other money paid to the Corporation. 5
of money of Service Corporation 6
Application
56. The money of the Service Corporation is to be applied-- 7
(a) in payment or discharge of the costs, expenses and other 8
obligations incurred by the Corporation in the performance of its 9
functions and the exercise of its powers (including costs and 10
expenses incurred by the Corporation on behalf of the Council or 11
a committee of the Council); and 12
(b) in payment of any remuneration or allowances payable under this 13
Act; and 14
(c) in providing, or paying for, any other benefits that are authorised 15
under this Act. 16
17
Estimates
57.(1) The NEPC Executive Officer is to prepare estimates, in such form 18
as the Council directs, of the Service Corporation's receipts and expenditure 19
for each financial year and, if the Council so directs, for any other period 20
specified by the Council. 21
(2) The Executive Officer must submit estimates so prepared to the 22
Council not later than such date as the Council directs. 23
(3) Except with the consent of the Council, the money of the Corporation 24
must not be spent otherwise than in accordance with estimates of 25
expenditure approved by the Council. 26
(4) A direction, consent or approval for the purposes of this section is to 27
be given by resolution of the Council carried in accordance with section 28. 28
s 58 29 s 61
National Environment Protection Council
(Queensland)
of State's audit legislation 1
Non-application
58. The Financial Administration and Audit Act 1977 does not apply to 2
the Service Corporation. 3
provisions relating to reports etc. prepared under the Audit Act 4
Special
1901 (Cwlth) 5
59.(1) A report prepared by the Service Corporation under section 63M 6
of the Audit Act 1901 (Cwlth) must also contain such other information as 7
is required by the Council to be included in the report. 8
(2) A copy of each report and of each set of financial statements given to 9
the Commonwealth Minister under section 63M of the Audit Act 1901 10
(Cwlth) must also be given to each of the other members of the Council as 11
soon as practicable after the end of the financial year to which they relate. 12
ART 7--MISCELLANEOUS 13
P
and functions conferred under corresponding legislation 14
Powers
60. The Council, each committee of the Council, the NEPC Service 15
Corporation and the NEPC Executive Officer have, in addition to the 16
powers and functions conferred on them by this Act, such powers and 17
functions as are conferred on them by the Act of each other participating 18
jurisdiction that corresponds to this Act. 19
by Council 20
Delegation
61.(1) The Council may, by resolution, delegate all or any of its functions 21
and powers conferred by this Act (other than its powers under sections 14, 22
20 and 63) to the NEPC Committee, the Service Corporation or the NEPC 23
Executive Officer. 24
(2) A delegation under this section may be varied or revoked by 25
resolution of the Council (whether or not constituted by the persons 26
constituting the Council at the time when the power or function was 27
s 62 30 s 64
National Environment Protection Council
(Queensland)
delegated). 1
(3) Section 27A of the Acts Interpretation Act 1954 does not apply to a 2
delegation by the Council. 3
done by Council 4
Acts
62.(1) A certificate that-- 5
(a) purports to be signed by a member of the Council or by the 6
NEPC Executive Officer; and 7
(b) states that the Council has done any act or thing or formed any 8
opinion; 9
is, on mere production, receivable as prima facie evidence that the Council 10
has done the act or thing or formed the opinion. 11
(2) An act or thing done by the Council (whether by resolution, 12
instrument or otherwise) does not cease to have effect merely because of a 13
change in the Council's membership. 14
15
Regulations
63. The Governor in Council may, on the recommendation of the 16
Council, make regulations under this Act. 17
of operation of Act 18
Review
64.(1) The Council must cause a review of-- 19
(a) the operation of this Act and the Act of each other participating 20
jurisdiction that corresponds to this Act; and 21
(b) the extent to which the object set out in section 3 of each such Act 22
has been achieved, 23
to be undertaken as soon as possible after the fifth anniversary of the 24
commencement of that corresponding Act of the Commonwealth. 25
(2) The Minister must table a report of the review in the Legislative 26
Assembly within 1 year after the fifth anniversary of that commencement. 27
31
National Environment Protection Council
(Queensland)
CHEDULE 1
¡S
INTERGOVERNMENTAL AGREEMENT ON THE 2
ENVIRONMENT 3
AN AGREEMENT made the 25th day of February one thousand nine 4
hundred and ninety two 5
BETWEEN 6
THE COMMONWEALTH OF AUSTRALIA of the first part, 7
THE STATE OF NEW SOUTH WALES of the second part, 8
THE STATE OF VICTORIA of the third part, 9
THE STATE OF QUEENSLAND of the fourth part, 10
THE STATE OF WESTERN AUSTRALIA of the fifth part, 11
THE STATE OF SOUTH AUSTRALIA of the sixth part, 12
**THE STATE OF TASMANIA of the seventh part, 13
THE AUSTRALIAN CAPITAL TERRITORY of the eighth part, 14
THE NORTHERN TERRITORY OF AUSTRALIA of the ninth part, 15
THE AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION of the 16
tenth part. 17
WHEREAS 18
On 31 October 1990, Heads of Government of the Commonwealth, 19
States and Territories of Australia, and representatives of Local Government 20
** The newly-elected Tasmanian Government has not yet completed its
consideration of the Agreement.
32
National Environment Protection Council
(Queensland)
SCHEDULE (continued)
in Australia, meeting at a Special Premiers' Conference held in Brisbane, 1
agreed to develop and conclude an Intergovernmental Agreement on the 2
Environment to provide a mechanism by which to facilitate: 3
* a cooperative national approach to the environment; 4
* a better definition of the roles of the respective governments; 5
* a reduction in the number of disputes between the 6
Commonwealth and the States and Territories on environment 7
issues; 8
* greater certainty of Government and business decision making; 9
and 10
* better environment protection; 11
AND WHEREAS the Parties to this Agreement 12
ACKNOWLEDGE the important role of the Commonwealth and the 13
States in relation to the environment and the contribution the States can 14
make in the development of national and international policies for which the 15
Commonwealth has responsibilities; 16
RECOGNISE that environmental concerns and impacts respect neither 17
physical nor political boundaries and are increasingly taking on 18
interjurisdictional, international and global significance in a way that was not 19
contemplated by those who framed the Australian Constitution; 20
RECOGNISE that the concept of ecologically sustainable development 21
including proper resource accounting provides potential for the integration 22
of environmental and economic considerations in decision making and for 23
balancing the interests of current and future generations; 24
RECOGNISE that it is vital to develop and continue land use programs and 25
co-operative arrangements to achieve sustainable land use and to conserve 26
33
National Environment Protection Council
(Queensland)
SCHEDULE (continued)
and improve Australia's biota, and soil and water resources which are basic 1
to the maintenance of essential ecological processes and the production of 2
food, fibre and shelter; 3
ACKNOWLEDGE that the efficiency and effectiveness of administrative 4
and political processes and systems for the development and 5
implementation of environmental policy in a Federal system will be a direct 6
function of: 7
(i) the extent to which roles and responsibilities of the different 8
levels of Government can be clearly and unambiguously defined; 9
(ii) the extent to which duplication of functions between different 10
levels of Government can be avoided; 11
(iii) the extent to which the total benefits and costs of decisions to the 12
community are explicit and transparent; 13
(iv) the extent to which effective processes are established for 14
co-operation between governments on environmental issues; and 15
(v) the extent to which responsible Governments are clearly 16
accountable to the electorate for the development and 17
implementation of policy; and 18
ACKNOWLEDGE that in the development and implementation of 19
environmental policy it is necessary to accommodate the regional 20
environmental differences which occur within Australia; 21
THE PARTIES AGREE AS FOLLOWS: 22
34
National Environment Protection Council
(Queensland)
SCHEDULE (continued)
SECTION 1--APPLICATION AND 1
INTERPRETATION 2
1.1 "Commonwealth" means the Commonwealth of Australia. 3
1.2 "States" means a State or Territory named as a party to this 4
Agreement. 5
1.3 "Local Government" means a Local Government body established 6
by or under a law of a State other than a body the sole or principal function 7
of which is to provide a particular service (such as the supply of electricity 8
or water). 9
1.4 "Australian Local Government Association" means the 10
Federation of State-wide Local Government Associations of the States, 11
constituted by Local Government bodies. 12
1.5 A reference in this Agreement to the words "give full faith and 13
credit" to the results of mutually approved or accredited systems, practices, 14
procedures or processes, means that the Commonwealth and the States 15
acting in accordance with the laws in force in their jurisdictions, will accept 16
and rely on the outcomes of that system or the practices, procedures or 17
processes, as the case may be, as a basis for their decision making. In 18
making the decision to accredit a system or practices, procedures or 19
processes, the Commonwealth or the States may make provision for how 20
unforeseeable circumstances or flawed execution may be taken into account. 21
A decision to accept and rely on the outcome does not preclude the 22
Commonwealth or the States taking factors into account in their decision 23
making, other than those dealt with in that system or those practices, 24
procedures or processes. 25
1.6 A reference to a Ministerial Council in this Agreement is a reference 26
35
National Environment Protection Council
(Queensland)
SCHEDULE (continued)
not to the Ministerial Council as such but to the Australian members of that 1
Council acting separately from that Council pursuant to this Agreement. 2
1.7 Commonwealth responsibilities under this Agreement include 3
ensuring adherence as far as practicable within the External Territories and 4
the Jervis Bay Territory. 5
1.8 Any matters under this Agreement which are the responsibility of the 6
Norfolk Island Assembly under the Norfolk Island Act 1979 will be 7
referred by the Commonwealth to the Norfolk Island Government for its 8
consideration. 9
1.9 In relation to each of its external Territories and the Territory of Jervis 10
Bay, the Commonwealth has, subject to paragraphs 1.7 and 1.8 the same 11
responsibilities and interests as each State has in relation to that State under 12
paragraph 2.3. 13
1.10 Section 2.2.3 of this Agreement should be read subject to the 14
Australian Capital Territory (Planning and Land Management) Act 1988. 15
1.11 The Commonwealth, the States and the Australian Local 16
Government Association acknowledge that while the Association is a party 17
to this Agreement, it cannot bind local government bodies to observe the 18
terms of this Agreement. However in view of the responsibilities and 19
interests of local government in environmental matters and in recognition of 20
the partnership established between the three levels of government by the 21
Special Premiers Conference process, the Commonwealth and the States 22
have included the Australian Local Government Association as a party to 23
this Agreement and included references in the Agreement to local 24
government and all levels of government. 25
1.12 The States will consult with and involve Local Government in the 26
application of the principles and the discharge of responsibilities contained 27
36
National Environment Protection Council
(Queensland)
SCHEDULE (continued)
in this Agreement to the extent that State statutes and administrative 1
arrangements authorise or delegate responsibilities to Local Government, 2
and in a manner which reflects the concept of partnership between the 3
Commonwealth, State and Local Governments. 4
1.13 Questions of interpretation of this Agreement are to be raised in the 5
first instance in the appropriate Ministerial Council(s) after consultation by 6
the Chair of the Ministerial Council with the President of the Australian 7
Local Government Association where appropriate. Where these 8
mechanisms do not resolve the interpretation, the matter will be dealt with 9
by reference from the Ministerial Council(s) to First Ministers. 10
SECTION 2--ROLES OF THE 11
PARTIES--RESPONSIBILITIES AND INTERESTS 12
2.1 RESPONSIBILITIES AND INTERESTS OF ALL PARTIES 13
2.1.1 The following will guide the parties in defining the roles, 14
responsibilities and interests of all levels of Government in relation to the 15
environment and in particular in determining the content of Schedules to 16
this Agreement. 17
2.2 RESPONSIBILITIES AND INTERESTS OF THE 18
COMMONWEALTH 19
2.2.1 The responsibilities and interests of the Commonwealth in 20
safeguarding and accommodating national environmental matters include: 21
(i) matters of foreign policy relating to the environment and, in 22
particular, negotiating and entering into international agreements 23
relating to the environment and ensuring that international 24
obligations relating to the environment are met by Australia; 25
(ii) ensuring that the policies or practices of a State do not result in 26
37
National Environment Protection Council
(Queensland)
SCHEDULE (continued)
significant adverse external effects in relation to the environment 1
of another State or the lands or territories of the Commonwealth 2
or maritime areas within Australia's jurisdiction (subject to any 3
existing Commonwealth legislative arrangements in relation to 4
maritime areas). 5
(iii) facilitating the co-operative development of national 6
environmental standards and guidelines as agreed in Schedules to 7
this Agreement. 8
2.2.2 When considering its responsibilities and interests under paragraph 9
2.2.1(ii), the Commonwealth will have regard to the role of the States in 10
dealing with significant adverse external effects as determined in 2.5.5 of 11
this Agreement, and any action taken pursuant to 2.5.5. 12
2.2.3 The Commonwealth has responsibility for the management 13
(including operational policy) of living and non-living resources on land 14
which the Commonwealth owns or which it occupies for its own use. 15
2.3 RESPONSIBILITIES AND INTERESTS OF THE STATES 16
2.3.1 Each State will continue to have responsibility for the development 17
and implementation of policy in relation to environmental matters which 18
have no significant effects on matters which are the responsibility of the 19
Commonwealth or any other State. 20
2.3.2 Each State has responsibility for the policy, legislative and 21
administrative framework within which living and non living resources are 22
managed within the State. 23
2.3.3 The States have an interest in the development of Australia's 24
position in relation to any proposed international agreements (either bilateral 25
or multilateral) of environmental significance which may impact on the 26
discharge of their responsibilities. 27
38
National Environment Protection Council
(Queensland)
SCHEDULE (continued)
2.3.4 The States have an interest and responsibility to participate in the 1
development of national environmental policies and standards. 2
2.4 RESPONSIBILITIES AND INTERESTS OF LOCAL 3
GOVERNMENT 4
2.4.1 Local Government has a responsibility for the development and 5
implementation of locally relevant and applicable environmental policies 6
within its jurisdiction in cooperation with other levels of Government and 7
the local community. 8
2.4.2 Local Government units have an interest in the environment of their 9
localities and in the environments to which they are linked. 10
2.4.3 Local Government also has an interest in the development and 11
implementation of regional, Statewide and national policies, programs and 12
mechanisms which affect more than one Local Government unit. 13
2.5 ACCOMMODATION OF INTERESTS 14
2.5.1 Between the States and the Commonwealth 15
2.5.1.1 Where there is a Commonwealth interest in an environmental 16
matter which involves one or more States, that interest will be 17
accommodated as follows: 18
(i) the Commonwealth and the affected States will cooperatively set 19
outcomes or standards and periodically review progress in 20
meeting those standards or achieving those outcomes; or 21
(ii) where outcomes or standards are impractical or inappropriate, the 22
Commonwealth may approve or accredit a State's practices, 23
procedures, and processes; or 24
(iii) where the Commonwealth does not agree that State practices, 25
procedures or processes are appropriate, the Commonwealth and 26
the States concerned will endeavour to agree to modification of 27
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National Environment Protection Council
(Queensland)
SCHEDULE (continued)
those practices, procedures and processes to meet the needs of 1
both the Commonwealth and the States concerned; 2
(iv) where agreement is reached between the Commonwealth and a 3
State under (iii) the Commonwealth will approve or accredit that 4
State practice, procedure or process. 5
2.5.1.2 Where it has approved or accredited practices, procedures or 6
processes under 2.5.1.1 the Commonwealth will give full faith and credit to 7
the results of such practices, procedures or processes when exercising 8
Commonwealth responsibilities. 9
2.5.1.3 Where a State considers that its interests can be accommodated 10
by approving or accrediting Commonwealth practices, procedures or 11
processes, or an agreed modified form of those practices, procedures or 12
processes, a State may enter into arrangements with the Commonwealth for 13
that purpose. 14
2.5.1.4 Where a State has approved or accredited practices, procedures or 15
processes under 2.5.1.3 that State will give full faith and credit to the results 16
of such practices, procedures or processes when exercising State 17
responsibilities. 18
2.5.1.5 The Commonwealth and the States note that decisions on major 19
environmental issues taken at one level of government may have significant 20
financial implications for other levels of government and agree that 21
consideration will be given to these implications where they are major or 22
outside the normal discharge of legislative or administrative responsibilities 23
of the level of government concerned. 24
2.5.1.6 Clause 2.5.1.5 applies to each of the Schedules to this 25
Agreement. 26
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National Environment Protection Council
(Queensland)
SCHEDULE (continued)
2.5.2 International Agreements 1
2.5.2.1 The parties recognise that the Commonwealth has responsibility 2
for negotiating and entering into international agreements concerning the 3
environment. The Commonwealth agrees to exercise that responsibility 4
having regard to this Agreement and the Principles and Procedures for the 5
Commonwealth-State Consultation on Treaties as agreed from time to time. 6
In particular, the Commonwealth will consult with the States in accordance 7
with the Principles and Procedures, prior to entering into any such 8
international agreements. 9
2.5.2.2 The Commonwealth will, where a State interest has become 10
apparent pursuant to the Principles and Procedures and subject to the 11
following provisions not being allowed to result in unreasonable delays in 12
the negotiation, joining or implementation of international agreements: 13
(i) notify and consult with the States at the earliest opportunity on 14
any proposals for the development or revision of international 15
agreements which are relevant to Australia and which relate to the 16
environment and will take into account the views of the States in 17
formulating Australian policy, including consultation on issues 18
relating to roles, responsibilities and costs; 19
(ii) when requested, include in appropriate cases, a representative or 20
representatives of the States on Australian delegations negotiating 21
international agreements related to the environment. Any such 22
representation will be subject to the approval of the Minister for 23
Foreign Affairs and Trade, and will, unless otherwise agreed, be 24
at the expense of the States; 25
(iii) prior to ratifying or acceding to, approving or accepting any 26
international agreement with environmental significance, consult 27
the States in an effort to secure agreement on the manner in 28
which the obligations incurred should be implemented in 29
Australia, consistent with the roles and responsibilities 30
established pursuant to this Agreement. 31
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National Environment Protection Council
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SCHEDULE (continued)
2.5.2.3 The States will establish and advise the Commonwealth on the 1
appropriate channels of communication, and persons responsible for 2
consultation, to ensure that the Commonwealth can discharge its 3
international responsibilities in a timely manner. 4
2.5.2.4 When ratifying, or acceding to, approving or accepting any 5
international agreement with environmental significance, the 6
Commonwealth will consider, on a case by case basis, making the standard 7
Federal Statement on ratification, accession, approval or acceptance. 8
2.5.3 Mechanisms for Determining Commonwealth Interests 9
2.5.3.1 Where a State wishes to determine whether or not an 10
environmental matter in that State will involve the interests of the 11
Commonwealth and is not covered by any established processes, that State 12
may request the Commonwealth to indicate whether that matter is a matter 13
of Commonwealth interest. 14
2.5.3.2 On receipt of a request from a State, the Commonwealth will 15
consult with that State. If the Commonwealth requires further information 16
it will seek such information within six weeks. The Commonwealth will, 17
as soon as possible, or in any event within eight weeks after the receipt of 18
the original request, or six weeks after the provision of the further 19
information, as the case may be, notify the State whether or not it considers 20
that the matter does involve Commonwealth interests. If it does involve 21
Commonwealth interests, the Commonwealth will notify all other States of 22
the basis and scope of its interest. 23
2.5.3.3 Where the Commonwealth wishes to determine whether or not a 24
State agrees that an environmental matter in that State involves the interests 25
of the Commonwealth, it may seek advice from the State concerned and the 26
State and the Commonwealth will, if necessary, enter into discussions on 27
the matter within four weeks after the State receives the request for advice. 28
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National Environment Protection Council
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SCHEDULE (continued)
2.5.3.4 The Commonwealth and the States recognise the importance of 1
responding to requests made under 2.5.3.1 and 2.5.3.3 in the shortest 2
possible time. 3
2.5.3.5 Where there is disagreement as to whether or not there is a 4
Commonwealth interest in an environmental matter, the Commonwealth 5
and the States concerned will use their best endeavours to resolve the 6
disagreement at First Minister level. 7
2.5.4 Duplication of Interests 8
2.5.4.1 With a view to eliminating functional duplication, wherever the 9
interests of a level of Government have been accommodated, the relevant 10
levels of Government will review the need and justification for retaining any 11
comparable processes or institutions. 12
2.5.4.2 Where some duplication or overlap of interests between levels of 13
government is unavoidable, the relevant levels of Government will seek 14
clear and distinct liaison and consultative procedures, under mechanisms to 15
be agreed at First Minister level, such as Ministerial Councils, to coordinate 16
and harmonise actions and to avoid disputes. 17
2.5.4.3 Any review under clause 2.5.4.1 or liaison and consultation 18
procedures under 2.5.4.2 will be guided by the need to work towards 19
simplicity, certainty and transparency in the mechanisms relevant to the 20
development and implementation of environmental policy, consistent with 21
the maintenance of proper environmental protection. 22
2.5.5 Between the States 23
2.5.5.1 Where the policies, programs, projects, legislation or regulations 24
of a State may affect the environment of another State or States, the States 25
undertake to provide timely notification to any affected State, and 26
appropriate consultation in relation to those policies, programs, projects, 27
legislation or regulations. 28
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National Environment Protection Council
(Queensland)
SCHEDULE (continued)
2.5.5.2 Wherever significant adverse external effects on another State are 1
expected or identified, the relevant States will use their best endeavours to 2
establish appropriate mechanisms for ensuring cooperative management. 3
2.5.5.3 Where the States are directly and cooperatively involved with the 4
management of significant adverse external effects and one or more of the 5
States considers that one or more of the other States are not adequately 6
discharging their management responsibilities, the State or States concerned 7
will endeavour to resolve expeditiously any issue of disagreement or 8
concern. 9
2.5.5.4 The States will if necessary determine what mechanism or 10
process should be employed to resolve any disagreement or matter of 11
concern, which mechanism or process may include inviting the 12
Commonwealth to assist in the resolution of the matter. 13
2.5.6 National Interest 14
Notwithstanding the particular responsibilities of the Commonwealth in 15
safeguarding and accommodating national environmental matters, the 16
parties agree that all levels of Government have a responsibility to ensure 17
that matters of national interest are properly taken into account in their 18
activities. 19
SECTION 3--PRINCIPLES OF ENVIRONMENTAL 20
POLICY 21
3.1 The parties agree that the development and implementation of 22
environmental policy and programs by all levels of Government should be 23
guided by the following considerations and principles. 24
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National Environment Protection Council
(Queensland)
SCHEDULE (continued)
3.2 The parties consider that the adoption of sound environmental 1
practices and procedures, as a basis for ecologically sustainable 2
development, will benefit both the Australian people and environment, and 3
the international community and environment. This requires the effective 4
integration of economic and environmental considerations in 5
decision-making processes, in order to improve community well-being and 6
to benefit future generations. 7
3.3 The parties consider that strong, growing and diversified economies 8
(committed to the principles of ecologically sustainable development) can 9
enhance the capacity for environmental protection. In order to achieve 10
sustainable economic development, there is a need for a country's 11
international competitiveness to be maintained and enhanced in an 12
environmentally sound manner. 13
3.4 Accordingly, the parties agree that environmental considerations will 14
be integrated into Government decision-making processes at all levels by, 15
among other things: 16
(i) ensuring that environmental issues associated with a proposed 17
project, program or policy will be taken into consideration in the 18
decision making process; 19
(ii) ensuring that there is a proper examination of matters which 20
significantly affect the environment; and 21
(iii) ensuring that measures adopted should be cost-effective and not 22
be disproportionate to the significance of the environmental 23
problems being addressed. 24
3.5 The parties further agree that, in order to promote the above 25
approach, the principles set out below should inform policy making and 26
program implementation. 27
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National Environment Protection Council
(Queensland)
SCHEDULE (continued)
3.5.1 Precautionary principle 1
Where there are threats of serious or irreversible environmental damage, 2
lack of full scientific certainty should not be used as a reason for postponing 3
measures to prevent environmental degradation. 4
In the application of the precautionary principle, public and private 5
decisions should be guided by: 6
(i) careful evaluation to avoid, wherever practicable, serious or 7
irreversible damage to the environment; and 8
(ii) an assessment of the risk-weighted consequences of various 9
options. 10
3.5.2 Intergenerational equity 11
The present generation should ensure that the health, diversity and 12
productivity of the environment is maintained or enhanced for the benefit of 13
future generations. 14
3.5.3 Conservation of biological diversity and ecological integrity 15
Conservation of biological diversity and ecological integrity should be a 16
fundamental consideration. 17
3.5.4 Improved valuation, pricing and incentive mechanisms 18
· environmental factors should be included in the valuation of 19
assets and services 20
· polluter pays i.e. those who generate pollution and waste should 21
bear the cost of containment, avoidance, or abatement 22
· the users of goods and services should pay prices based on the 23
full life cycle costs of providing goods and services, including the 24
use of natural resources and assets and the ultimate disposal of 25
any wastes 26
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National Environment Protection Council
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SCHEDULE (continued)
· environmental goals, having been established, should be pursued 1
in the most cost effective way, by establishing incentive 2
structures, including market mechanisms, which enable those 3
best placed to maximise benefits and/or minimise costs to 4
develop their own solutions and responses to environmental 5
problems. 6
SECTION 4--IMPLEMENTATION AND 7
APPLICATION OF PRINCIPLES 8
4.1 The Schedules to this Agreement deal with specific areas of 9
environmental policy and management and form part of this Agreement. 10
The schedules have been prepared and are to be interpreted in accordance 11
with Sections 1, 2 and 3 of this Agreement. 12
4.2 Nothing in this Agreement will affect any existing intergovernmental 13
agreement between the Commonwealth and a State or States, or between 14
the States, unless alterations or amendments to those agreements are 15
proposed in accordance with any existing review process and/or any review 16
process arising as a result of this Agreement. 17
4.3 For each particular Schedule included in this Agreement, the 18
Commonwealth and the States undertake to nominate an agency or Ministry 19
to assume primary responsibility within its jurisdiction for the issues 20
covered in the Schedule and to inform the other parties accordingly. 21
4.4 Where not otherwise provided in the Schedules, existing 22
intergovernmental arrangements will be the primary mechanisms for the 23
cooperative application of the provisions of this Agreement. 24
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National Environment Protection Council
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SCHEDULE (continued)
SECTION 5--REVIEW 1
5.1 The operation of this Agreement will be reviewed every three years 2
by the presentation of a report from the relevant Ministerial Councils to the 3
First Ministers following consultation by the Chair of the Ministerial 4
Council with the President of the Australian Local Government 5
Association. 6
5.2 The Agreement may be amended and schedules added by agreement 7
of all First Ministers. Prior to making amendments in relation to matters 8
specified in this Agreement, or developing any draft schedules, that involve 9
local government, First Ministers will consult and seek the agreement of the 10
President of the Australian Local Government Association. 11
12
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National Environment Protection Council
(Queensland)
SCHEDULE (continued)
SCHEDULE 1 1
DATA COLLECTION AND HANDLING 2
1. The parties agree that the collection, maintenance and integration of 3
environmental data will assist in efficient and effective environmental 4
management and monitoring. 5
2. The development of consistent standards for the description and 6
exchange of all land-related information will be coordinated and fostered by 7
the Australian Land Information Council in conjunction with Standards 8
Australia and specialist groups where needed. 9
3. In order to avoid overlap and duplication in the collection and 10
maintenance of all land-related data, the Australian Land Information 11
Council will facilitate the coordination of intergovernmental arrangements 12
(including appropriate financial arrangements) and provide mechanisms to 13
make the data more accessible across all levels of government and the 14
private sector. Any arrangements entered into will detail the circumstances 15
in which the exchange and ongoing sharing of data is appropriate. The 16
intergovernmental arrangements will be submitted to First Ministers for 17
their approval no later than twelve months after the execution of this 18
Agreement. 19
4. The collection of data on natural resources should, where possible, be 20
integrated from the outset, in order to avoid the difficulties inherent in 21
collating data collected with different methodologies and in different 22
conditions. 23
5. The Australian Land Information Council, (through the National 24
Resources Information Centre and the Environmental Resources 25
Information Network where appropriate) will consult with the relevant 26
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National Environment Protection Council
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SCHEDULE (continued)
national co-ordination bodies and, through its members, with 1
Commonwealth and State jurisdictions, to ensure the development and 2
maintenance of comprehensive directories of natural resource and 3
environmental spatial data sets and to develop and maintain national natural 4
resource data standards. 5
6
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National Environment Protection Council
(Queensland)
SCHEDULE (continued)
SCHEDULE 2 1
RESOURCE ASSESSMENT, LAND USE DECISIONS 2
AND APPROVAL PROCESSES 3
1. The parties agree that the concept of ecologically sustainable 4
development should be used by all levels of Government in the assessment 5
of natural resources, land use decisions and approval processes. 6
2. The parties agree that it is the role of government to establish the 7
policy, legislative and administrative framework to determine the 8
permissibility of any land use, resource use or development proposal 9
having regard to the appropriate, efficient and ecologically sustainable use of 10
natural resources (including land, coastal and marine resources). 11
3. The parties agree that policy, legislative and administrative 12
frameworks to determine the permissibility of land use, resource use or 13
development proposals should provide for-- 14
(i) the application and evaluation of comparable, high quality data 15
which are available to all participants in the process; 16
(ii) the assessment of the regional cumulative impacts of a series of 17
developments and not simply the consideration of individual 18
development proposals in isolation; 19
(iii) consideration of the regional implications, where proposals for 20
the use of a resource affect several jurisdictions; 21
(iv) consultation with affected individuals, groups and organisations; 22
(v) consideration of all significant impacts; 23
(vi) mechanisms to resolve conflict and disputes over issues which 24
arise during the process; 25
(vii) consideration of any international or national implications. 26
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National Environment Protection Council
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SCHEDULE (continued)
4. The development and administration of the policy and legislative 1
framework will remain the responsibility of the States and Local 2
Government. The Commonwealth has an interest in ensuring that these 3
frameworks meet its responsibilities and interests as set out in this 4
Agreement. The Commonwealth will continue to co-operate with the States 5
in agreed programs. 6
5. Within the policy, legislative and administrative framework applying 7
in each State, the use of natural resources and land, remain a matter for the 8
owners of the land or resources, whether they are Government bodies or 9
private persons. 10
6. To ensure that State land and resource use planning processes properly 11
address matters of Commonwealth interest, a State may refer its land and 12
resource use planning system and its development approval process to the 13
Commonwealth for a preliminary view, as to whether its system or process 14
can be accredited as accommodating Commonwealth interests. In the event 15
that the Commonwealth is of the view that the processes are inadequate to 16
accommodate the Commonwealth interest, then the State will consider 17
whether it wishes to review and modify the systems and processes and will 18
consult with the Commonwealth on terms of reference for such a review. 19
7. A State will consult Local Government where appropriate, when 20
undertaking any review of its land and resource use planning systems 21
and/or development approval processes pursuant to this Agreement. 22
8. Where the Commonwealth has accredited a system or process within 23
a State, the Commonwealth will give full faith and credit to the results of 24
that system or process when exercising Commonwealth responsibilities. 25
9. Within twelve months of the execution of this Agreement, the parties 26
agree to reconsider the matters contained in this Schedule with a view to 27
incorporating any relevant findings of the ecologically sustainable 28
development process. 29
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National Environment Protection Council
(Queensland)
SCHEDULE (continued)
SCHEDULE 3 1
ENVIRONMENTAL IMPACT ASSESSMENT 2
1. The parties agree that it is desirable to establish certainty about the 3
application, procedures and function of the environmental impact 4
assessment process, to improve the consistency of the approach applied by 5
all levels of Government, to avoid duplication of process where more than 6
one Government or level of Government is involved and interested in the 7
subject matter of an assessment and to avoid delays in the process. 8
2. The parties agree that impact assessment in relation to a project, 9
program or policy should include, where appropriate, assessment of 10
environmental, cultural, economic, social and health factors. 11
3. The parties agree that all levels of Government will ensure that their 12
environmental impact assessment processes are based on the following: 13
(i) the environmental impact assessment process will be applied to 14
proposals from both the public and private sectors; 15
(ii) assessing authorities will provide information to give clear 16
guidance on the types of proposals likely to attract environmental 17
impact assessment and on the level of assessment required; 18
(iii) assessing authorities will provide all participants in the process 19
with guidance on the criteria for environmental acceptability of 20
potential impacts including the concept of ecologically sustainable 21
development, maintenance of human health, relevant local and 22
national standards and guidelines, protocols, codes of practice and 23
regulations; 24
(iv) assessing authorities will provide proposal specific guidelines or 25
a procedure for their generation focussed on key issues and 26
incorporating public concern together with a clear outline of the 27
process; 28
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National Environment Protection Council
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SCHEDULE (continued)
(v) following the establishment of specific assessment guidelines, 1
any amendments to those guidelines will be based only on 2
significant issues that have arisen following the adoption of those 3
guidelines; 4
(vi) time schedules for all stages of the assessment process will be set 5
early on a proposal specific basis, in consultations between the 6
assessing authorities and the proponent; 7
(vii) levels of assessment will be appropriate to the degree of 8
environmental significance and potential public interest; 9
(viii)proponents will take responsibility for preparing the case required 10
for assessment of a proposal and for elaborating environmental 11
issues which must be taken into account in decisions, and for 12
protection of the environment; 13
(ix) there will be full public disclosure of all information related to a 14
proposal and its environmental impacts, except where there are 15
legitimate reasons for confidentiality including national security 16
interests; 17
(x) opportunities will be provided for appropriate and adequate public 18
consultation on environmental aspects of proposals before the 19
assessment process is complete; 20
(xi) mechanisms will be developed to seek to resolve conflicts and 21
disputes over issues which arise for consideration during the 22
course of the assessment process; 23
(xii) the environmental impact assessment process will provide a basis 24
for setting environmental conditions, and establishing 25
environmental monitoring and management programs (including 26
arrangements for review) and developing industry guidelines for 27
application in specific cases. 28
4. A general framework agreement between the Commonwealth and the 29
States on the administration of the environmental impact assessment 30
process will be negotiated to avoid duplication and to ensure that proposals 31
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National Environment Protection Council
(Queensland)
SCHEDULE (continued)
affecting more than one of them are assessed in accordance with agreed 1
arrangements. 2
5. The Commonwealth and the States may approve or accredit their 3
respective environmental impact assessment processes either generally or 4
for specific purposes. Where such approval or accreditation has been given, 5
the Commonwealth and the States agree that they will give full faith and 6
credit to the results of such processes when exercising their responsibilities. 7
8
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National Environment Protection Council
(Queensland)
SCHEDULE (continued)
SCHEDULE 4 1
NATIONAL ENVIRONMENT PROTECTION 2
MEASURES 3
General Purpose 4
1. The Commonwealth and the States acknowledge that there is benefit to 5
the people of Australia in establishing national environment protection 6
standards, guidelines, goals and associated protocols (hereinafter referred to 7
as `measures') with the objectives of ensuring: 8
(i) that people enjoy the benefit of equivalent protection from air, 9
water and soil pollution and from noise, wherever they live; 10
(ii) that decisions by business are not distorted and markets are not 11
fragmented by variations between jurisdictions in relation to the 12
adoption or implementation of major environment protection 13
measures. 14
Any proposed measures must be examined to identify economic and 15
social impacts and to ensure simplicity, efficiency and effectiveness in 16
administration. 17
National Environment Protection Authority 18
2. The Commonwealth and the States agree to set up a Ministerial 19
Council to be called the National Environment Protection Authority. Each 20
State and the Commonwealth will nominate a Minister to be a member of 21
the Ministerial Council, with the Commonwealth Minister to chair the 22
Council and decisions to be made by a two thirds majority of the members 23
of the Ministerial Council. 24
3. The Authority is to be assisted and supported by: 25
(i) a standing committee of officials, with one representative being 26
nominated to the committee by each member of the Authority 27
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National Environment Protection Council
(Queensland)
SCHEDULE (continued)
and an observer nominated by the President of the Australian 1
Local Government Association who will seek and present the 2
views of the Association. Each member is entitled to be 3
accompanied by other persons who may be able to assist with the 4
deliberations of the committee. Members of the committee will 5
ensure that the Authority has access to appropriate scientific and 6
technical advice on environmental matters and on the economic 7
and social impacts of the matters considered by the Authority; 8
(ii) a permanent Executive Officer appointed to a statutory office 9
under the legislation establishing the Authority; 10
(iii) appropriate personnel seconded or otherwise provided by the 11
parties to conduct continuing or specialist ad hoc tasks, as 12
required by the Authority. 13
4. The Authority and the statutory office of Executive Officer is to be 14
established by agreed Commonwealth legislation and recognised by agreed 15
complementary State legislation. 16
National Environment Protection Authority's Powers and Process 17
5. The Authority may establish measures for the protection of the 18
environment for the benefit of the people of Australia, for: 19
(i) ambient air quality; 20
(ii) ambient marine, estuarine, and freshwater quality; 21
(iii) noise related to protecting amenity where variations in measures 22
would have an adverse effect on national markets for goods and 23
services; 24
(iv) general guidelines for the assessment of site contamination; 25
(v) the environmental impacts associated with hazardous wastes; 26
(vi) motor vehicle emissions; 27
(vii) the reuse and recycling of used materials; 28
and shall monitor and report on their implementation and effectiveness. 29
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National Environment Protection Council
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SCHEDULE (continued)
6. In determining whether to adopt standards, guidelines or goals, the 1
Authority will consider which is the most effective means to achieve the 2
required national environmental outcomes. The Authority will also take 3
into account existing intergovernmental mechanisms in relation to such 4
measures. 5
7. The Authority will develop national motor vehicle emission and noise 6
standards in conjunction with the National Road Transport Commission.** 7
8. The standards, guidelines or goals will be interpreted and applied in 8
accordance with agreed protocols on such matters as requirements for 9
monitoring and auditing. 10
9. To facilitate effective and timely public consultation, draft measures, 11
including timetables for implementation where relevant, will be published 12
by the Authority. 13
10. Publication of such drafts will be accompanied by an impact 14
statement which includes-- 15
(i) the environmental objectives and reasons for the measures and 16
the environmental impact of not adopting those measures; 17
(ii) alternatives considered to achieve the desired environmental 18
objectives and the reasons for their non-adoption; 19
(iii) an assessment of the economic and social impact on the 20
community and industry as a result of establishing the measures; 21
(iv) the manner in which any regional environmental differences in 22
Australia have been addressed in the development of the 23
measures. 24
** See Northern Territory reservation at end of document.
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National Environment Protection Council
(Queensland)
SCHEDULE (continued)
11. The Authority will notify the public of the availability of the draft 1
measures and the associated impact statement and invite comment thereon 2
within a specified time. 3
12. When finalising any measures, the Authority will give consideration 4
to the impact statement and any comment received on the draft measures or 5
the impact statement. 6
13. The Commonwealth undertakes to table in its Parliament (in 7
accordance with the Commonwealth's existing practices in relation to 8
delegated legislation) all measures established by the Authority, and to use 9
its best endeavours to ensure their acceptance by the Commonwealth 10
Parliament. 11
14. The tabling of any measures in the Commonwealth Parliament will 12
be accompanied by an impact statement covering the matters referred to in 13
clause 10 and a summary of public comment received and the response to 14
those comments. 15
15. Either House of the Commonwealth Parliament can disallow any 16
measure established by the Authority within a specified time. 17
16. The Commonwealth and the States agree to develop for consideration 18
by First Ministers under clause 23, legislation which will enable the 19
Commonwealth and State Parliaments to authorise the Authority to 20
establish any measures. The legislation will also establish mechanisms for 21
the application of measures in the States. The legislation will ensure that 22
any measures established by the Authority-- 23
(a) will apply, as from the date of the commencement of the 24
measure, throughout Australia, as a valid law of each jurisdiction; 25
and 26
(b) will, subject to clause 20, replace any existing measures dealing 27
with the same matter. 28
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National Environment Protection Council
(Queensland)
SCHEDULE (continued)
Implementation, Enforcement, Impact and Reporting in Relation to 1
National Measures 2
17. The Commonwealth and the States will be responsible for the 3
attainment and maintenance of agreed national standards or goals and 4
compliance with national guidelines within their respective jurisdictions 5
through appropriate mechanisms such as Commonwealth and State 6
environment protection bodies. 7
18. The Commonwealth and the States agree to establish a uniform 8
hierarchy of offences and related penalty structures to apply to breaches of 9
any requirements applied under any agreed law for the purposes of 10
complying with the standards, guidelines or goals. 11
19. The measures established and adopted in accordance with the above 12
procedure will not prevent the Commonwealth or a State from introducing 13
more stringent measures to reflect specific circumstances or to protect 14
special environments or environmental values located within its jurisdiction 15
provided there has been consultation with the Authority. 16
20. Nothing in this Agreement will prevent a State or the 17
Commonwealth maintaining existing more stringent standards which are in 18
effect at the date when the Authority comes into existence. 19
21. The Commonwealth and the States will prepare an annual report on 20
the measures they adopt to attain and maintain the standards, guidelines, 21
goals or protocols established pursuant to this Agreement and submit that 22
report by 30 September each year to the Authority. 23
22. The Authority will prepare an annual report which includes the 24
reports received from the Commonwealth and the States. The annual report 25
will be tabled in all Parliaments, through the respective Ministers who are 26
members of the Authority. 27
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National Environment Protection Council
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SCHEDULE (continued)
Action to Implement Agreements in the Schedule 1
23. Within twelve months of the execution of this Agreement the 2
Working Group on Environmental Policy will, for the consideration of 3
First Ministers: 4
(i) prepare draft legislation to implement the agreements reached in 5
this Schedule; and 6
(ii) develop arrangements for consultation with relevant 7
Commonwealth and State authorities, the Australian Local 8
Government Association, and Ministerial Councils. 9
24. The Working Group on Environmental Policy will, when submitting 10
the draft legislation to First Ministers, also submit a report on the financial 11
arrangements necessary to give effect to the agreements set out in this 12
Schedule. 13
25. Once the legislation referred to in clause 23 has been agreed to by 14
First Ministers, the Commonwealth and the States will submit to their 15
Parliaments, and take such steps as are appropriate to secure the passage of, 16
the Bills containing this legislation. 17
Definitions 18
26. For the purposes of this Schedule: 19
(i) a standard is a quantifiable characteristic of the environment 20
against which environmental quality is assessed. Standards are 21
mandatory. 22
(ii) a goal is a desired environmental outcome adopted to guide the 23
formulation of strategies for the management of human activities 24
which may affect the environment; 25
(iii) a guideline provides guidance on possible means of meeting 26
desired environmental outcomes. Guidelines are not mandatory. 27
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SCHEDULE (continued)
(iv) a protocol is the description of a process to be followed in 1
measuring environmental characteristics to determine whether a 2
standard or goal is being achieved or the extent of the differential 3
between the measured characteristic and a standard or goal. 4
5
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National Environment Protection Council
(Queensland)
SCHEDULE (continued)
SCHEDULE 5 1
CLIMATE CHANGE 2
1. The parties acknowledge the potentially significant impact of 3
greenhouse enhanced climate change on Australia's natural, social and 4
working environment, as well as on the global community and global 5
environments. The parties accept and support the need for Australia to 6
participate in the development of an effective international response to meet 7
the challenge of greenhouse enhanced climate change and note Australia's 8
participation in the development of an international convention on climate 9
change. 10
2. The parties note their endorsement of the decision to adopt an interim 11
planning target to stabilise greenhouse gas emissions (not controlled by the 12
Montreal Protocol on Substances that Deplete the Ozone Layer) based on 13
1988 levels, by the year 2000 and reducing these emissions by 20% by the 14
year 2005. The parties reiterate their support, as agreed in October 1990, 15
for the interim planning target to form the basis of development of the 16
National Greenhouse Response Strategy, subject to Australia not 17
implementing response measures that would have net adverse economic 18
impacts nationally or on Australia's trade competitiveness, in the absence of 19
similar action by major greenhouse gas producing countries. The parties 20
agree that assessment of the implementation of the National Greenhouse 21
Response Strategy against this agreed objective will be reviewed at Special 22
Premiers' Conferences. 23
3. The parties reiterate that a National Greenhouse Response Strategy 24
based on the interim planning target must include positive measures for: 25
· limiting emissions of all greenhouse gases, not controlled by the 26
Montreal Protocol on Substances that Deplete the Ozone Layer; 27
· conducting further research; 28
· adapting to the impacts of climate change; and 29
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SCHEDULE (continued)
· ensuring that the community understands the need for early 1
action on measures to reduce greenhouse gas emissions. 2
The parties also agree that such a strategy should include measures for 3
auditing and reporting on national greenhouse gas emissions. 4
4. Taking into account regional differences, the parties recognise that 5
development and implementation of the National Greenhouse Response 6
Strategy will require coordinated and effective action by all levels of 7
government and the community to achieve equitable and ecologically 8
sustainable solutions. 9
5. The parties agree that First Ministers have ultimate responsibility for 10
intergovernmental considerations of and final decisions on the National 11
Greenhouse Response Strategy. 12
6. To facilitate the preparation of the National Greenhouse Response 13
Strategy, the parties agree to establish a National Greenhouse Steering 14
Committee. 15
7. The National Greenhouse Steering Committee will have the following 16
responsibilities: 17
(i) to facilitate the development and co-ordination of an overall 18
framework for the National Greenhouse Response Strategy; 19
(ii) to consult with the Standing Committees of Ministerial Councils 20
on elements for inclusion in the Strategy and activities of the 21
Ministerial Councils and other specialised bodies such as the 22
National Greenhouse Advisory Committee, and make 23
recommendations to First Ministers on proposed courses of 24
action; 25
(iii) to encourage development of the strategy in areas where it is not 26
being handled elsewhere; 27
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SCHEDULE (continued)
(iv) to present the Strategy to First Ministers for 1
consideration/adoption; 2
(v) to recommend to First Ministers requirements for further 3
development of the Strategy as implementation proceeds. 4
5
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National Environment Protection Council
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SCHEDULE (continued)
SCHEDULE 6 1
BIOLOGICAL DIVERSITY 2
1. The parties acknowledge that biological diversity is a major and 3
valuable component of the environment and should be protected. 4
2. The parties note that the Commonwealth Government is currently 5
preparing a draft national strategy for the conservation of biological 6
diversity which is being pursued through the Biological Diversity Advisory 7
Committee which has wide ranging representation, including the States. 8
3. The parties note that the Commonwealth is responsible for the 9
negotiation, ratification and ensuring implementation of the proposed 10
Biological Diversity Convention. 11
4. The parties note that the proposed Biological Diversity Convention, 12
while having importance for nature conservation, is likely to have 13
implications across a wide range of Commonwealth and State 14
responsibilities and that the interests and responsibilities of the States and 15
the Commonwealth which may be affected by the proposed Convention are 16
not confined to arena particular portfolios. 17
5. The Commonwealth will continue to provide the States with the 18
opportunity to be represented on Australian delegations to meetings of the 19
Intergovernmental Negotiating Committee for a Convention on Biological 20
Diversity. The Commonwealth and the States will continue their 21
consultations in relation to formulating Australian policy regarding the 22
Convention through the existing mechanisms involving the Department of 23
Foreign Affairs and Trade and State agencies as nominated from time to 24
time by their First Ministers. 25
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SCHEDULE (continued)
6. Given the wide and significant implications of the proposed 1
Convention, the Commonwealth and the States acknowledge that issues 2
may arise which may cause a State to seek consultation in relation to the 3
negotiations at First Minister level. 4
7. The Australian and New Zealand Environment and Conservation 5
Council, in consultation with and, where appropriate, joint co-operation 6
with, other Ministerial Councils, the agencies referred to in clause 5 and 7
relevant organisations, will forward to First Ministers advice on: 8
(i) the implications of implementing the proposed convention; and 9
(ii) the manner in which implementation of the proposed Convention 10
may be undertaken. 11
8. For the purposes of clause 7, the other Ministerial Councils will 12
include: 13
Australian Agricultural Council; 14
Australian Soil Conservation Council; 15
Australian Water Resources Council; 16
Australian Forestry Council; 17
Australian Fisheries Council; 18
Australian and New Zealand Mineral and Energy Council; and 19
Australian Industry and Technology Council. 20
21
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National Environment Protection Council
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SCHEDULE (continued)
SCHEDULE 7 1
NATIONAL ESTATE 2
1. The parties acknowledge that the primary role of the Australian 3
Heritage Commission is to identify the National Estate and advise the 4
Commonwealth on its conservation. 5
2. The parties further acknowledge that primary responsibility for land 6
use and resource planning decisions rests with States. 7
3. The parties agree that the register of the National Estate is one of the 8
factors that the States may consider when making land use and resource 9
planning decisions and that Section 30 of the Australian Heritage 10
Commission Act 1975 applies only to decisions of the Commonwealth 11
Ministers, Departments and Authorities. The parties recognise however 12
that some applications of S.30 of the Act may have significant land and 13
resource use planning implications. 14
4. The Commonwealth supports the current practice whereby the 15
Australian Heritage Commission provides information on all places 16
nominated to the Register of the National Estate or which are identified by 17
studies, to the designated agencies in the relevant State. The 18
Commonwealth agrees to support the current practice whereby the 19
Commission seeks and considers the views of the relevant State on all 20
nominated places before making a decision on interim listing. 21
5. Each State agrees to establish and advise the Australian Heritage 22
Commission on appropriate channels of communication, the persons 23
responsible for consultation and the persons responsible for coordination of 24
responses to the Australian Heritage Commission on matters related to 25
National Estate nominations and listings. 26
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National Environment Protection Council
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SCHEDULE (continued)
6. The Commonwealth supports the current practice whereby the 1
Australian Heritage Commission provides information to the relevant local 2
government body on places to be given interim listing status at least two 3
months prior to any public notification of that interim listing. 4
7. The parties agree that systematic, thematic and/or regional assessment 5
is the preferred basis on which to assess the national estate values of an 6
area. 7
8. The Commonwealth and the States agree to facilitate joint assessment 8
processes between the Australian Heritage Commission and the States 9
where appropriate. In any event, existing data collections and assessment 10
processes that conform to national estate assessment criteria which are set 11
out in the Australian Heritage Commission Act 1975 can be accredited and 12
relied upon by the Australian Heritage Commission as satisfying the 13
requirements of the Commission. 14
9. The Commonwealth agrees that any State can negotiate with the 15
Commission on improved forms of consultation concerning development 16
of the Register of the National Estate generally. 17
10. The Commonwealth and the States agree that there will be 18
consultation and agreement wherever possible on the timing of Australian 19
Heritage Commission and State assessment processes. 20
11. Where there is an accredited or joint assessment of national estate 21
values the Commonwealth and/or the States will give full faith and credit to 22
the results of such assessment when exercising their responsibilities. 23
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National Environment Protection Council
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SCHEDULE (continued)
12. The Commonwealth and the States note that where there is an 1
accredited or joint assessment of national estate values the Australian 2
Heritage Commission will generally not, and in any event will not without 3
consultation with the States, reconsider that assessment except where new 4
and significant information is produced. 5
6
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SCHEDULE (continued)
SCHEDULE 8 1
WORLD HERITAGE 2
1. The States recognise that the Commonwealth has an international 3
obligation as a party to the World Heritage Convention to ensure the 4
identification, protection, conservation, presentation and transmission to 5
future generations of Australia's natural and cultural heritage of 6
`outstanding universal value'. 7
2. The Commonwealth will consult the States and use its best 8
endeavours to obtain their agreement on the compilation of an indicative list 9
of World Heritage properties. The States agree to consult the relevant local 10
government bodies and interested groups (including conservation and 11
industry groups) on properties for inclusion on the indicative list prior to 12
submission to the Commonwealth. Should conservation or any other 13
groups or individuals make suggestions on an indicative list direct to the 14
Commonwealth these will be referred to the relevant State for comment. 15
3. The Commonwealth will consult with the relevant State or States, and 16
use its best endeavours to obtain their agreement, on nominations to the 17
World Heritage List. 18
4. Where the relevant State or States have agreed to a nomination, the 19
preparation of that nomination for World Heritage listing will be the 20
primary responsibility of the relevant State or States and will be undertaken 21
in close consultation with the Commonwealth. In the case of properties that 22
transcend State boundaries, the Commonwealth will coordinate preparation 23
of the nomination. The Commonwealth is responsible for ensuring the 24
nomination is in accordance with the World Heritage Convention and 25
Guidelines and submitting the nomination to UNESCO. 26
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National Environment Protection Council
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SCHEDULE (continued)
5. Arrangements for the management of a property will be determined as 1
far as practicable prior to the nomination. The management arrangements 2
will take into consideration the continuation of the State's management 3
responsibilities for the property while preserving the Commonwealth's 4
responsibilities under the World Heritage Convention. 5
6
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National Environment Protection Council
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SCHEDULE (continued)
SCHEDULE 9 1
NATURE CONSERVATION 2
1. The parties agree that each level of Government has responsibilities for 3
the protection of flora and fauna and should use their best endeavours to 4
ensure the survival of species and ecological communities, both terrestrial 5
and aquatic, that make up Australia's biota. The parties recognise that the 6
protection and sound management of natural habitats is of fundamental 7
importance to this aim and that all levels of Government should use their 8
best endeavours to conserve areas critical to the protection of Australia's 9
flora and fauna and the maintenance of ecological processes that ensure 10
biological productivity and stability. 11
2. The parties recognise that the States have primary responsibility in the 12
general area of nature conservation. 13
3. The parties recognise that the Commonwealth has a particular 14
responsibility in the area of nature conservation in relation to: 15
· management of areas that lie within its own jurisdiction including 16
the external territories and the Jervis Bay Territory, 17
Commonwealth places and marine areas; 18
· Australia's obligations under international law including under 19
treaties; 20
· exports, imports and quarantine. 21
The Commonwealth also has a particular interest in facilitating the 22
effective and efficient co-ordination of nature conservation across all 23
jurisdictions. 24
4. The parties agree that a national approach should be taken to rare, 25
vulnerable and endangered species given that the distribution of these 26
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National Environment Protection Council
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SCHEDULE (continued)
species and their habitats is not confined or determined by State or 1
Commonwealth borders and that a national approach is desirable to avoid 2
duplication of effort, to ensure appropriate outcomes and to maximise the 3
effectiveness of available resources. 4
5. The parties agree that environmental management and resource use 5
decisions taken by all levels of Government should have regard to the 6
national distribution of species and other agreed national nature conservation 7
considerations. 8
6. The Commonwealth and the States agree to cooperate in the 9
conservation, protection and management of native species and habitats that 10
occur in more than one jurisdiction. In addition to participating in such 11
cooperative activities, the Commonwealth and the States may take whatever 12
action they deem appropriate within their respective jurisdictions to protect 13
any native species and habitats which they consider requires specific action. 14
7. Within one year of the execution of this Agreement, the Australian and 15
New Zealand Environment and Conservation Council, in consultation with 16
relevant Ministerial Councils, will develop and report to First Ministers on a 17
strategy for a national approach to the protection of rare, vulnerable and 18
endangered species. The Australian and New Zealand Environment and 19
Conservation Council will provide a progress report to First Ministers 20
within six months. 21
8. The report referred to in clause 7 will take into account the preparation 22
of an `Australian National Strategy for the Conservation of Species and 23
Communities Threatened With Extinction' by the Endangered Species 24
Advisory Committee which was established to advise the Commonwealth 25
Minister of the Arts, Sport, the Environment, Tourism and the Territories 26
and will include the following: 27
(i) the identification of Australia's rare, vulnerable and endangered 28
species of flora and fauna; 29
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National Environment Protection Council
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SCHEDULE (continued)
(ii) the options for off reserve protection of species and habitats to 1
complement the reserve system and the identification of 2
ecologically significant remnant vegetation; 3
(iii) the manner in which all levels of Government might ensure that 4
land or resource use decision making processes explicitly identify 5
circumstances where there is an impact on identified rare, 6
vulnerable and endangered species and assess the nature of this 7
impact prior to taking a decision; 8
(iv) the development of mechanisms on a cooperative basis to 9
address cross-jurisdictional problems; 10
(v) the setting of outcomes and goals and the allocation of tasks in 11
relation to all States and the Commonwealth and monitoring and 12
reporting on the achievement of those outcomes and goals; 13
(vi) the co-ordination of any research initiatives; 14
(vii) the resource and financial implications and impacts of any 15
national approach. 16
9. The parties recognise the threat posed to both the natural environment 17
and agricultural and maricultural production by pest species of introduced 18
plants and animals and acknowledge that a cooperative national approach to 19
their control has the potential to produce savings from a reduction of 20
duplication of existing effort. The parties agree that the Commonwealth's 21
role should be one of facilitating co-ordinated State efforts within this 22
national approach. Due to the nature of the threat, coordination of a national 23
approach should be undertaken through the Australian and New Zealand 24
Environment and Conservation Council, the Australian Agricultural 25
Council and the Australian Fisheries Council. 26
10. The parties agree to co-operate in fulfilling Australia's commitments 27
under international nature conservation treaties and recognise the 28
Commonwealth's responsibilities in ensuring that those commitments are 29
met. 30
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National Environment Protection Council
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SCHEDULE (continued)
11. The parties recognise the Commonwealth's responsibilities with 1
regard to the implementation of the Convention on International Trade in 2
Endangered Species of Wild Fauna and Flora (CITES) and the export of 3
wildlife and wildlife products. The Commonwealth and the States agree to 4
cooperate in the development of improved intergovernmental arrangements 5
for regulating commercial use of native wildlife, including setting of 6
nationally sustainable harvesting levels, establishment of national standards 7
in marketing of wildlife products, and streamlining of permits and 8
regulatory controls and enforcement. 9
12. The parties agree that the management of parks and protected areas is 10
largely a function of the States. The Commonwealth has a responsibility 11
for parks and protected areas on its own land and any parks or protected 12
areas it establishes in Australia's maritime areas (subject to any existing 13
Commonwealth legislative arrangements in relation to maritime areas), and 14
to assist the States with common concerns which have been identified by 15
the Commonwealth and the States to have national implications. 16
13. The parties agree that a representative system of protected areas 17
encompassing terrestrial, freshwater, estuarine and marine environments is 18
a significant component in maintaining ecological processes and systems. 19
It also provides a valuable basis for environmental education and 20
environmental monitoring. Such a system will be enhanced by the 21
development and application where appropriate of nationally consistent 22
principles for management of reserves. 23
14. The parties agree that the national approach to the conservation, 24
protection and management of native species and habitats may include the 25
addition of new areas to reserve systems and protected areas, some of 26
which may be under multiple land use regimes, where such multiple land 27
use does not adversely affect the prime nature conservation function of the 28
reserve or protected area. 29
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National Environment Protection Council
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SCHEDULE (continued)
15. The parties further recognise that the establishment and management 1
of a reserve system is not in itself sufficient to ensure the protection of 2
Australia's flora and fauna. Off-reserve protection and management, 3
particularly of remnant vegetation, are also required. The parties recognise 4
the need for national co-operation to ensure that remnants that are 5
ecologically significant on a national scale are identified; management and 6
protection arrangements are consistent across borders; research initiatives 7
are co-ordinated and not duplicated; and that off-reserve protection activities 8
complement the reserve system. 9
16. The Commonwealth and the States agree to co-operate in the 10
development of actions outlined in this schedule and that the Australian and 11
New Zealand Environment and Conservation Council be the primary 12
forum for all co-ordination of nationwide nature conservation functions. 13
14
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National Environment Protection Council
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SCHEDULE (continued)
Annexure A 1
RESERVATION BY THE NORTHERN TERRITORY 2
The Northern Territory in signing this Agreement notifies that it does not 3
consider itself a party to the Intergovernmental Agreement on Road 4
Transport entered into by the Commonwealth, States and the Australian 5
Capital Territory, and accordingly is not bound by sub-clause 5(vi) and 6
clause 7 of Schedule 4 to this Agreement. 7
The Northern Territory further notifies its intention to enter into discussions 8
with the other Parties with the objective of securing the direct participation 9
of representatives of the Northern Territory Government concerned with 10
transport administration in any joint or collaborative processes among the 11
Commonwealth, States and Territories for the establishment of measures 12
for national motor vehicle emission and noise standards. 13
14
15
© State of Queensland 1994
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