29—Simplified procedure for making certain policies
(1) Where the Minister
is satisfied that a draft environment protection policy refers to or
incorporates without substantial modification the whole or part of a standard
or other document prepared by a body prescribed for the purposes of this
section—
(a) the
normal procedure for making environment protection policies does not apply in
relation to the draft policy; and
(b) the
Minister may refer the draft policy directly to the Governor.
(1a) Where a national
environment protection measure has been made, amended or revoked or has
expired—
(a) the
normal procedure for making environment protection policies under this
Division does not apply in relation to—
(i)
a draft environment protection policy to implement the
national environment protection measure or the amendment, revocation or
expiry; or
(ii)
a draft environment protection policy that amends or
revokes another environment protection policy as the Minister considers
necessary or desirable in consequence of implementation of the
national environment protection measure or the amendment, revocation or
expiry; and
(b) the
Minister may refer a draft policy referred to in paragraph (a) directly
to the Governor.
(1b) For the purposes
of subsection (1a), a draft environment protection policy will be taken
to implement a national environment protection measure despite the fact that
it includes provisions that are not included in or required by the measure if
the Minister is satisfied that the provisions relate to the enforcement of the
policy (including the imposition of penalties for contravention of the policy)
or are otherwise necessary for the application of the policy in this
jurisdiction.
(2) The Governor may,
on reference of a draft policy under this section, by notice in the
Gazette—
(a)
declare the draft to be an authorised environment protection policy under this
Act; and
(b) fix
a day on which it will come into operation.