{"id":"F2007B01121","name":"National Environment Protection (Air Toxics) Measure","slug":"national-environment-protection-air-toxics-measure","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":67900,"registerId":"commonwealth-F2007B01121-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"| Introductory NoteSection 14 of the National Environment Protection Council Act 1994 and the equivalent provision of the corresponding Act of each participating State and Territory provides for the making of measures by the National Environment Protection Council and the matters to which they may relate. This Measure relates to ambient air quality (section 14 (1) (a)).The Measure is to be implemented by the laws and other arrangements participating jurisdictions consider necessary: see section 7 of the Commonwealth Act and the equivalent provision of the corresponding Act of each participating State and Territory. |\n| -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n## Part 1 Preliminary\n\n#### 1 Citation\n\nThis Measure may be cited as the National Environment Protection (Air Toxics) Measure.\n\nNote: This Measure commences on gazettal: see National Environment Protection Council Act 1994, s 21 and Acts Interpretation Act 1901, s 48 as applied by s 46A.\n\n#### 2 Definitions\n\n(1) This clause defines particular words and expressions used in this Measure.\n\n(2) The words and expressions indicated by an asterisk are defined in the Commonwealth Act and are included for information only to assist readers of the Measure. Minor changes from the definitions in the Commonwealth Act are indicated by square brackets (\\[ \\]).\n\n(3) In this Measure:\n\n> \\*\n> \n> > agreement\n> \n>  means the agreement made on 1 May 1992 between the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association, a copy of which is set out in the Schedule \\[to the Commonwealth Act\\].\n\n> > ambient air\n> \n>  means the external air environment, it does not include the air environment inside buildings or structures.\n\n> > air toxic\n> \n>  means a pollutant selected for assessment in this Measure and listed in Schedule 1\n\n> > Commonwealth Act\n> \n>  means the National Environment Protection Council Act 1994 of the Commonwealth.\n\n> > Council\n> \n>  means the National Environment Protection Council established by section 8 of the Commonwealth Act and the equivalent provision of the corresponding Act of each participating State and Territory.\n\n> > monitoring investigation level\n> \n>  means the concentration of an air toxic which if exceeded requires an appropriate form of further investigation and evaluation.\n\n> > \\*national environment protection goal\n> \n>  means a goal:\n\n> (a) that relates to desired environmental outcomes; and\n\n> (b) that guides the formulation of strategies for the management of human activities that may affect the environment.\n\n> > \\*national environment protection protocol\n> \n>  means a protocol that relates to the process to be followed in measuring environmental characteristics to determine:\n\n> (a) whether a particular standard or goal is being met or achieved; or\n\n> (b) the extent of the difference between the measured characteristic of the environment and a particular standard or a particular goal.\n\n> > \\*national environment protection standard\n> \n>  means a standard that consists of quantifiable characteristics of the environment against which environmental quality can be assessed.\n\n> > \\*participating jurisdiction\n> \n>  means the Commonwealth, a participating State or a participating Territory.\n\n> > \\*participating State\n> \n>  means a State:\n\n> (a) that is a party to the Agreement; and\n\n> (b) in which an Act that corresponds to \\[the Commonwealth\\] Act is in force in accordance with the Agreement.\n\n> > \\*participating Territory\n> \n>  means a Territory:\n\n> (a) that is a party to the Agreement; and\n\n> (b) in which an Act that corresponds to \\[the Commonwealth\\] Act is in force in accordance with the Agreement.\n\n> > ppm\n> \n>  means parts per million by volume.\n\n> “\n> \n> > Stage 1 site\n> \n> ” means a site where significantly elevated concentrations of one or more air toxics are expected to occur.\n\n> “\n> \n> > Stage 2 site\n> \n> ” means a Stage 1 site prioritised for monitoring on the basis of its potential for significant population exposure, (as described in Schedule 3 to this Measure), to one or more air toxics.\n\n> “\n> \n> > Year\n> \n> ” means a calendar year for the purposes of this Measure.\n\n#### 3 Application\n\n> Participant jurisdictions must establish assessment monitoring and reporting procedures in accordance with the protocols in this Measure.\n\n## Part 2 National Environment Protection Goal\n\n#### 4 Purpose of Part\n\nThe purpose of this part is to set out a goal:\n\n(a) that relates to the desired environmental outcomes; and\n\n(b) that guides the formulation of strategies for the management of human activities that may affect the environment.\n\n#### 5 National environment protection goal\n\nThe national environment protection goal of this Measure is to improve the information base regarding ambient air toxics within the Australian environment in order to facilitate the development of standards following a Review of the Measure within eight years of its making.\n\n#### 6 Desired environmental outcome\n\nThe desired environmental outcome of this Measure is to facilitate management of air toxics in ambient air that will allow for the equivalent protection of human health and well being, by-\n\n(1) providing for the generation of comparable, reliable information on the levels of toxic air pollutants (“air toxics”) at sites where significantly elevated concentrations of one or more of these air toxics are likely to occur (“Stage 1 sites”) and where the potential for significant population exposure to air toxics exists ( “Stage 2 sites”).\n\n(2) establishing a consistent approach to the identification of such sites for use by jurisdictions.\n\n(3) establishing a consistent frame of reference (“monitoring investigation levels”) for use by jurisdictions in assessing the likely significance of levels of air toxics measured at Stage 2 sites.\n\n(4) adopting a nationally consistent approach to monitoring air toxics at a range of locations (eg. near major industrial sites, major roads, areas affected by wood smoke).\n\n## Part 3 National environment protection protocol\n\n#### 7 Purpose of Part\n\nThe purpose of this Part is to set out the processes to be followed in\n\n(a) identifying Stage 1 sites and Stage 2 sites;\n\n(b) measuring the concentration of air toxics in the air at Stage 2 sites, and\n\n(c) evaluating the results of monitoring against monitoring investigation levels\n\nThis protocol sets out the process for monitoring air quality in such a way as to achieve the national environment protection goal specified in Part 2 of this Measure.\n\n#### 8 Identification of Stage 1 and Stage 2 sites for monitoring of Air Toxics\n\n(1) Each participating jurisdiction must undertake an assessment of locations within the jurisdiction to identify Stage 1 sites which may be used for the purpose of monitoring any of the air toxics specified in Schedule 1 to this Measure.\n\n(2) An assessment of locations as required under sub-clause (1) must be undertaken in accordance with the requirements for identification of Stage 1 sites set out in Schedule 2 to this Measure.\n\n(3) Following the assessment under sub-clause (1) each jurisdiction will determine which (if any) of its Stage 1 sites warrant designation as Stage 2 sites.\n\n(4) A determination as required under sub-clause (3) must be undertaken in accordance with requirements for the identification of Stage 2 sites set out in Schedule 2 of this Measure.\n\n(5) Where a participating jurisdiction identifies more than one Stage 2 site, the jurisdiction may establish the priority for monitoring each site in accordance with Schedule 2 to this Measure.\n\n(6) Where a jurisdiction decides to undertake preliminary monitoring the results may be used to assist in the prioritisation of Stage 2 sites. Prioritisation must be carried out in accordance with Schedule 2.\n\n#### 9 Monitoring of Air Toxics\n\n(1) Where a Stage 2 site identified in accordance with Clause 8 (3) is an industrial site, subject to jurisdictional regulatory control, the jurisdiction may decide that monitoring in accordance with this National Environment Protection Measure would not add value to existing statutory measures applied at that site and not undertake monitoring.\n\n(2) Where a jurisdiction decides not to monitor at such a site, it must report to Council the basis for that decision in accordance with Schedule 4.\n\n(3) Where one or more Stage 2 sites have been identified under Clause 8 of this Measure, and if monitoring of air toxics is undertaken, then monitoring must be in accordance with the requirements set out in Schedule 3 to this Measure.\n\n(4) A participating jurisdiction may only discontinue monitoring for a pollutant at a Stage 2 site if the requirements of the screening procedure at section 7 of Schedule 2 to this Measure are satisfied in relation to the site.\n\n#### 10 Siting of monitoring equipment\n\n(1) Except where monitoring is carried out in accordance with sub-clause 10(2)(d), siting of monitoring equipment for each site at which monitoring is to be undertaken must, as far as practicable, comply with Australian Standard AS/NZS 3580.1.1:2007 Ambient Air - Guide for the siting of sampling units for peak monitoring stations.\n\n(2) When siting monitoring equipment, the following must be taken into account -\n\n(a) equipment for the purpose of monitoring air toxics must, where appropriate, be situated to determine the cumulative impact of multiple sources;\n\n(b) despite the requirements under sub-clause (a), where the concentration of air toxics from road sources is being monitored, cumulative impacts may relate to emissions from one type of source, such as motor vehicles;\n\n(c) when monitoring street canyons, monitoring equipment should be sited to ensure that maximum concentrations of air toxics are determined, as concentrations on opposing sides of canyons can vary widely; and\n\n(d) in wood smoke impacted areas, PM10 performance monitoring stations as designated under the National Environment Protection (Ambient Air Quality) Measure may be used for monitoring of PAHs and other air toxics associated with wood smoke.\n\n(3) Notwithstanding the requirements of sub-clause (1), when siting monitoring equipment at roadside Stage 2 sites, equipment must be sited within 20 metres of the kerbside and the distance from the kerb must be reported.\n\n#### 11 Accreditation\n\n(1) Subject to subclause (2), an operator conducting monitoring for the purpose of this Measure must be accredited for the relevant methods by the National Association of Testing Authorities.\n\n(2) An operator may apply an equivalent system, approved by the National Association of Testing Authorities, for ensuring adequate monitoring, quality assurance and validation procedures.\n\n#### 12 Evaluation of monitoring results against monitoring investigation levels\n\nThe results of any monitoring must be assessed against the monitoring investigation levels identified in Schedule 3 to this Measure. For any exceedence of a monitoring investigation level identified in Schedule 3 to this Measure, the jurisdiction must undertake some form of evaluation to determine the circumstances that led to the exceedence, including the likely sources of the air toxics and influence of natural factors.\n\n#### 13 Reporting\n\n(1) Each participating jurisdiction must submit a report to Council in accordance with Schedule 4 to this Measure.\n\n(2) A report submitted in accordance with sub-clause (1) must be submitted to Council by the 30 June next following each reporting year.\n\n(3) In this clause “reporting year” means a year ending on 31 December.\n\n#### 14 Review of the Measure\n\n(1) This Measure will be subject to a full review to commence within eight years of commencement. This Review will consider -\n\n(a) the effectiveness of the Measure in achieving the desired environmental outcome set out within it;\n\n(b) the resources available for implementing the Measure; and\n\n(c) the need, if any, for amending the Measure (in accordance with the Act), including:\n\n(i) whether any changes should be made to the Schedules; and\n\n(ii) whether any changes should be made to improve the effectiveness of the Measure in order to achieve the national environment protection goal set within it.\n\n(2) Provided that the review required under 14(1) has not been initiated before the commencement of the fifth year of the Measure, the Measure will undergo a preliminary review in the fifth year after being made to enable an assessment of progress toward meeting the specified Goal of the Measure to be made.\n\n#### 15 Schedules to the Measure\n\nThis measure contains the following Schedules:\n\n(1) Schedule 1\n\nSchedule 1 to this Measure identifies the air toxics to which this Measure applies.\n\n(2) Schedule 2\n\nSchedule 2 to this Measure prescribes the process to be undertaken when identifying and prioritising Stage 1 and Stage 2 sites and prescribes the screening procedure for discontinuing monitoring at Stage 2 sites.\n\n(3) Schedule 3\n\nSchedule 3 to this Measure prescribes the methodology for air toxics monitoring and assessment.\n\n(4) Schedule 4\n\nSchedule 4 to this Measure prescribes the reporting requirements for this Measure.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Citation","content":"#### 1 Citation\n\nThis Measure may be cited as the National Environment Protection (Air Toxics) Measure.\n\nNote: This Measure commences on gazettal: see National Environment Protection Council Act 1994, s 21 and Acts Interpretation Act 1901, s 48 as applied by s 46A.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n(1) This clause defines particular words and expressions used in this Measure.\n\n(2) The words and expressions indicated by an asterisk are defined in the Commonwealth Act and are included for information only to assist readers of the Measure. Minor changes from the definitions in the Commonwealth Act are indicated by square brackets (\\[ \\]).\n\n(3) In this Measure:\n\n> \\*\n> \n> > agreement\n> \n>  means the agreement made on 1 May 1992 between the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association, a copy of which is set out in the Schedule \\[to the Commonwealth Act\\].\n\n> > ambient air\n> \n>  means the external air environment, it does not include the air environment inside buildings or structures.\n\n> > air toxic\n> \n>  means a pollutant selected for assessment in this Measure and listed in Schedule 1\n\n> > Commonwealth Act\n> \n>  means the National Environment Protection Council Act 1994 of the Commonwealth.\n\n> > Council\n> \n>  means the National Environment Protection Council established by section 8 of the Commonwealth Act and the equivalent provision of the corresponding Act of each participating State and Territory.\n\n> > monitoring investigation level\n> \n>  means the concentration of an air toxic which if exceeded requires an appropriate form of further investigation and evaluation.\n\n> > \\*national environment protection goal\n> \n>  means a goal:\n\n> (a) that relates to desired environmental outcomes; and\n\n> (b) that guides the formulation of strategies for the management of human activities that may affect the environment.\n\n> > \\*national environment protection protocol\n> \n>  means a protocol that relates to the process to be followed in measuring environmental characteristics to determine:\n\n> (a) whether a particular standard or goal is being met or achieved; or\n\n> (b) the extent of the difference between the measured characteristic of the environment and a particular standard or a particular goal.\n\n> > \\*national environment protection standard\n> \n>  means a standard that consists of quantifiable characteristics of the environment against which environmental quality can be assessed.\n\n> > \\*participating jurisdiction\n> \n>  means the Commonwealth, a participating State or a participating Territory.\n\n> > \\*participating State\n> \n>  means a State:\n\n> (a) that is a party to the Agreement; and\n\n> (b) in which an Act that corresponds to \\[the Commonwealth\\] Act is in force in accordance with the Agreement.\n\n> > \\*participating Territory\n> \n>  means a Territory:\n\n> (a) that is a party to the Agreement; and\n\n> (b) in which an Act that corresponds to \\[the Commonwealth\\] Act is in force in accordance with the Agreement.\n\n> > ppm\n> \n>  means parts per million by volume.\n\n> “\n> \n> > Stage 1 site\n> \n> ” means a site where significantly elevated concentrations of one or more air toxics are expected to occur.\n\n> “\n> \n> > Stage 2 site\n> \n> ” means a Stage 1 site prioritised for monitoring on the basis of its potential for significant population exposure, (as described in Schedule 3 to this Measure), to one or more air toxics.\n\n> “\n> \n> > Year\n> \n> ” means a calendar year for the purposes of this Measure.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Application","content":"#### 3 Application\n\n> Participant jurisdictions must establish assessment monitoring and reporting procedures in accordance with the protocols in this Measure.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"National Environment Protection Goal","content":"| Introductory NoteSection 14 of the National Environment Protection Council Act 1994 and the equivalent provision of the corresponding Act of each participating State and Territory provides for the making of measures by the National Environment Protection Council and the matters to which they may relate. This Measure relates to ambient air quality (section 14 (1) (a)).The Measure is to be implemented by the laws and other arrangements participating jurisdictions consider necessary: see section 7 of the Commonwealth Act and the equivalent provision of the corresponding Act of each participating State and Territory. |\n| -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n## Part 1 Preliminary\n\n#### 1 Citation\n\nThis Measure may be cited as the National Environment Protection (Air Toxics) Measure.\n\nNote: This Measure commences on gazettal: see National Environment Protection Council Act 1994, s 21 and Acts Interpretation Act 1901, s 48 as applied by s 46A.\n\n#### 2 Definitions\n\n(1) This clause defines particular words and expressions used in this Measure.\n\n(2) The words and expressions indicated by an asterisk are defined in the Commonwealth Act and are included for information only to assist readers of the Measure. Minor changes from the definitions in the Commonwealth Act are indicated by square brackets (\\[ \\]).\n\n(3) In this Measure:\n\n> \\*\n> \n> > agreement\n> \n>  means the agreement made on 1 May 1992 between the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association, a copy of which is set out in the Schedule \\[to the Commonwealth Act\\].\n\n> > ambient air\n> \n>  means the external air environment, it does not include the air environment inside buildings or structures.\n\n> > air toxic\n> \n>  means a pollutant selected for assessment in this Measure and listed in Schedule 1\n\n> > Commonwealth Act\n> \n>  means the National Environment Protection Council Act 1994 of the Commonwealth.\n\n> > Council\n> \n>  means the National Environment Protection Council established by section 8 of the Commonwealth Act and the equivalent provision of the corresponding Act of each participating State and Territory.\n\n> > monitoring investigation level\n> \n>  means the concentration of an air toxic which if exceeded requires an appropriate form of further investigation and evaluation.\n\n> > \\*national environment protection goal\n> \n>  means a goal:\n\n> (a) that relates to desired environmental outcomes; and\n\n> (b) that guides the formulation of strategies for the management of human activities that may affect the environment.\n\n> > \\*national environment protection protocol\n> \n>  means a protocol that relates to the process to be followed in measuring environmental characteristics to determine:\n\n> (a) whether a particular standard or goal is being met or achieved; or\n\n> (b) the extent of the difference between the measured characteristic of the environment and a particular standard or a particular goal.\n\n> > \\*national environment protection standard\n> \n>  means a standard that consists of quantifiable characteristics of the environment against which environmental quality can be assessed.\n\n> > \\*participating jurisdiction\n> \n>  means the Commonwealth, a participating State or a participating Territory.\n\n> > \\*participating State\n> \n>  means a State:\n\n> (a) that is a party to the Agreement; and\n\n> (b) in which an Act that corresponds to \\[the Commonwealth\\] Act is in force in accordance with the Agreement.\n\n> > \\*participating Territory\n> \n>  means a Territory:\n\n> (a) that is a party to the Agreement; and\n\n> (b) in which an Act that corresponds to \\[the Commonwealth\\] Act is in force in accordance with the Agreement.\n\n> > ppm\n> \n>  means parts per million by volume.\n\n> “\n> \n> > Stage 1 site\n> \n> ” means a site where significantly elevated concentrations of one or more air toxics are expected to occur.\n\n> “\n> \n> > Stage 2 site\n> \n> ” means a Stage 1 site prioritised for monitoring on the basis of its potential for significant population exposure, (as described in Schedule 3 to this Measure), to one or more air toxics.\n\n> “\n> \n> > Year\n> \n> ” means a calendar year for the purposes of this Measure.\n\n#### 3 Application\n\n> Participant jurisdictions must establish assessment monitoring and reporting procedures in accordance with the protocols in this Measure.\n\n## Part 2 National Environment Protection Goal\n\n#### 4 Purpose of Part\n\nThe purpose of this part is to set out a goal:\n\n(a) that relates to the desired environmental outcomes; and\n\n(b) that guides the formulation of strategies for the management of human activities that may affect the environment.\n\n#### 5 National environment protection goal\n\nThe national environment protection goal of this Measure is to improve the information base regarding ambient air toxics within the Australian environment in order to facilitate the development of standards following a Review of the Measure within eight years of its making.\n\n#### 6 Desired environmental outcome\n\nThe desired environmental outcome of this Measure is to facilitate management of air toxics in ambient air that will allow for the equivalent protection of human health and well being, by-\n\n(1) providing for the generation of comparable, reliable information on the levels of toxic air pollutants (“air toxics”) at sites where significantly elevated concentrations of one or more of these air toxics are likely to occur (“Stage 1 sites”) and where the potential for significant population exposure to air toxics exists ( “Stage 2 sites”).\n\n(2) establishing a consistent approach to the identification of such sites for use by jurisdictions.\n\n(3) establishing a consistent frame of reference (“monitoring investigation levels”) for use by jurisdictions in assessing the likely significance of levels of air toxics measured at Stage 2 sites.\n\n(4) adopting a nationally consistent approach to monitoring air toxics at a range of locations (eg. near major industrial sites, major roads, areas affected by wood smoke).\n\n## Part 3 National environment protection protocol\n\n#### 7 Purpose of Part\n\nThe purpose of this Part is to set out the processes to be followed in\n\n(a) identifying Stage 1 sites and Stage 2 sites;\n\n(b) measuring the concentration of air toxics in the air at Stage 2 sites, and\n\n(c) evaluating the results of monitoring against monitoring investigation levels\n\nThis protocol sets out the process for monitoring air quality in such a way as to achieve the national environment protection goal specified in Part 2 of this Measure.\n\n#### 8 Identification of Stage 1 and Stage 2 sites for monitoring of Air Toxics\n\n(1) Each participating jurisdiction must undertake an assessment of locations within the jurisdiction to identify Stage 1 sites which may be used for the purpose of monitoring any of the air toxics specified in Schedule 1 to this Measure.\n\n(2) An assessment of locations as required under sub-clause (1) must be undertaken in accordance with the requirements for identification of Stage 1 sites set out in Schedule 2 to this Measure.\n\n(3) Following the assessment under sub-clause (1) each jurisdiction will determine which (if any) of its Stage 1 sites warrant designation as Stage 2 sites.\n\n(4) A determination as required under sub-clause (3) must be undertaken in accordance with requirements for the identification of Stage 2 sites set out in Schedule 2 of this Measure.\n\n(5) Where a participating jurisdiction identifies more than one Stage 2 site, the jurisdiction may establish the priority for monitoring each site in accordance with Schedule 2 to this Measure.\n\n(6) Where a jurisdiction decides to undertake preliminary monitoring the results may be used to assist in the prioritisation of Stage 2 sites. Prioritisation must be carried out in accordance with Schedule 2.\n\n#### 9 Monitoring of Air Toxics\n\n(1) Where a Stage 2 site identified in accordance with Clause 8 (3) is an industrial site, subject to jurisdictional regulatory control, the jurisdiction may decide that monitoring in accordance with this National Environment Protection Measure would not add value to existing statutory measures applied at that site and not undertake monitoring.\n\n(2) Where a jurisdiction decides not to monitor at such a site, it must report to Council the basis for that decision in accordance with Schedule 4.\n\n(3) Where one or more Stage 2 sites have been identified under Clause 8 of this Measure, and if monitoring of air toxics is undertaken, then monitoring must be in accordance with the requirements set out in Schedule 3 to this Measure.\n\n(4) A participating jurisdiction may only discontinue monitoring for a pollutant at a Stage 2 site if the requirements of the screening procedure at section 7 of Schedule 2 to this Measure are satisfied in relation to the site.\n\n#### 10 Siting of monitoring equipment\n\n(1) Except where monitoring is carried out in accordance with sub-clause 10(2)(d), siting of monitoring equipment for each site at which monitoring is to be undertaken must, as far as practicable, comply with Australian Standard AS/NZS 3580.1.1:2007 Ambient Air - Guide for the siting of sampling units for peak monitoring stations.\n\n(2) When siting monitoring equipment, the following must be taken into account -\n\n(a) equipment for the purpose of monitoring air toxics must, where appropriate, be situated to determine the cumulative impact of multiple sources;\n\n(b) despite the requirements under sub-clause (a), where the concentration of air toxics from road sources is being monitored, cumulative impacts may relate to emissions from one type of source, such as motor vehicles;\n\n(c) when monitoring street canyons, monitoring equipment should be sited to ensure that maximum concentrations of air toxics are determined, as concentrations on opposing sides of canyons can vary widely; and\n\n(d) in wood smoke impacted areas, PM10 performance monitoring stations as designated under the National Environment Protection (Ambient Air Quality) Measure may be used for monitoring of PAHs and other air toxics associated with wood smoke.\n\n(3) Notwithstanding the requirements of sub-clause (1), when siting monitoring equipment at roadside Stage 2 sites, equipment must be sited within 20 metres of the kerbside and the distance from the kerb must be reported.\n\n#### 11 Accreditation\n\n(1) Subject to subclause (2), an operator conducting monitoring for the purpose of this Measure must be accredited for the relevant methods by the National Association of Testing Authorities.\n\n(2) An operator may apply an equivalent system, approved by the National Association of Testing Authorities, for ensuring adequate monitoring, quality assurance and validation procedures.\n\n#### 12 Evaluation of monitoring results against monitoring investigation levels\n\nThe results of any monitoring must be assessed against the monitoring investigation levels identified in Schedule 3 to this Measure. For any exceedence of a monitoring investigation level identified in Schedule 3 to this Measure, the jurisdiction must undertake some form of evaluation to determine the circumstances that led to the exceedence, including the likely sources of the air toxics and influence of natural factors.\n\n#### 13 Reporting\n\n(1) Each participating jurisdiction must submit a report to Council in accordance with Schedule 4 to this Measure.\n\n(2) A report submitted in accordance with sub-clause (1) must be submitted to Council by the 30 June next following each reporting year.\n\n(3) In this clause “reporting year” means a year ending on 31 December.\n\n#### 14 Review of the Measure\n\n(1) This Measure will be subject to a full review to commence within eight years of commencement. This Review will consider -\n\n(a) the effectiveness of the Measure in achieving the desired environmental outcome set out within it;\n\n(b) the resources available for implementing the Measure; and\n\n(c) the need, if any, for amending the Measure (in accordance with the Act), including:\n\n(i) whether any changes should be made to the Schedules; and\n\n(ii) whether any changes should be made to improve the effectiveness of the Measure in order to achieve the national environment protection goal set within it.\n\n(2) Provided that the review required under 14(1) has not been initiated before the commencement of the fifth year of the Measure, the Measure will undergo a preliminary review in the fifth year after being made to enable an assessment of progress toward meeting the specified Goal of the Measure to be made.\n\n#### 15 Schedules to the Measure\n\nThis measure contains the following Schedules:\n\n(1) Schedule 1\n\nSchedule 1 to this Measure identifies the air toxics to which this Measure applies.\n\n(2) Schedule 2\n\nSchedule 2 to this Measure prescribes the process to be undertaken when identifying and prioritising Stage 1 and Stage 2 sites and prescribes the screening procedure for discontinuing monitoring at Stage 2 sites.\n\n(3) Schedule 3\n\nSchedule 3 to this Measure prescribes the methodology for air toxics monitoring and assessment.\n\n(4) Schedule 4\n\nSchedule 4 to this Measure prescribes the reporting requirements for this Measure.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Purpose of Part","content":"#### 4 Purpose of Part\n\nThe purpose of this part is to set out a goal:\n\n(a) that relates to the desired environmental outcomes; and\n\n(b) that guides the formulation of strategies for the management of human activities that may affect the environment.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"National environment protection goal","content":"#### 5 National environment protection goal\n\nThe national environment protection goal of this Measure is to improve the information base regarding ambient air toxics within the Australian environment in order to facilitate the development of standards following a Review of the Measure within eight years of its making.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Desired environmental outcome","content":"#### 6 Desired environmental outcome\n\nThe desired environmental outcome of this Measure is to facilitate management of air toxics in ambient air that will allow for the equivalent protection of human health and well being, by-\n\n(1) providing for the generation of comparable, reliable information on the levels of toxic air pollutants (“air toxics”) at sites where significantly elevated concentrations of one or more of these air toxics are likely to occur (“Stage 1 sites”) and where the potential for significant population exposure to air toxics exists ( “Stage 2 sites”).\n\n(2) establishing a consistent approach to the identification of such sites for use by jurisdictions.\n\n(3) establishing a consistent frame of reference (“monitoring investigation levels”) for use by jurisdictions in assessing the likely significance of levels of air toxics measured at Stage 2 sites.\n\n(4) adopting a nationally consistent approach to monitoring air toxics at a range of locations (eg. near major industrial sites, major roads, areas affected by wood smoke).","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"National environment protection protocol","content":"| Introductory NoteSection 14 of the National Environment Protection Council Act 1994 and the equivalent provision of the corresponding Act of each participating State and Territory provides for the making of measures by the National Environment Protection Council and the matters to which they may relate. This Measure relates to ambient air quality (section 14 (1) (a)).The Measure is to be implemented by the laws and other arrangements participating jurisdictions consider necessary: see section 7 of the Commonwealth Act and the equivalent provision of the corresponding Act of each participating State and Territory. |\n| -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n## Part 1 Preliminary\n\n#### 1 Citation\n\nThis Measure may be cited as the National Environment Protection (Air Toxics) Measure.\n\nNote: This Measure commences on gazettal: see National Environment Protection Council Act 1994, s 21 and Acts Interpretation Act 1901, s 48 as applied by s 46A.\n\n#### 2 Definitions\n\n(1) This clause defines particular words and expressions used in this Measure.\n\n(2) The words and expressions indicated by an asterisk are defined in the Commonwealth Act and are included for information only to assist readers of the Measure. Minor changes from the definitions in the Commonwealth Act are indicated by square brackets (\\[ \\]).\n\n(3) In this Measure:\n\n> \\*\n> \n> > agreement\n> \n>  means the agreement made on 1 May 1992 between the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association, a copy of which is set out in the Schedule \\[to the Commonwealth Act\\].\n\n> > ambient air\n> \n>  means the external air environment, it does not include the air environment inside buildings or structures.\n\n> > air toxic\n> \n>  means a pollutant selected for assessment in this Measure and listed in Schedule 1\n\n> > Commonwealth Act\n> \n>  means the National Environment Protection Council Act 1994 of the Commonwealth.\n\n> > Council\n> \n>  means the National Environment Protection Council established by section 8 of the Commonwealth Act and the equivalent provision of the corresponding Act of each participating State and Territory.\n\n> > monitoring investigation level\n> \n>  means the concentration of an air toxic which if exceeded requires an appropriate form of further investigation and evaluation.\n\n> > \\*national environment protection goal\n> \n>  means a goal:\n\n> (a) that relates to desired environmental outcomes; and\n\n> (b) that guides the formulation of strategies for the management of human activities that may affect the environment.\n\n> > \\*national environment protection protocol\n> \n>  means a protocol that relates to the process to be followed in measuring environmental characteristics to determine:\n\n> (a) whether a particular standard or goal is being met or achieved; or\n\n> (b) the extent of the difference between the measured characteristic of the environment and a particular standard or a particular goal.\n\n> > \\*national environment protection standard\n> \n>  means a standard that consists of quantifiable characteristics of the environment against which environmental quality can be assessed.\n\n> > \\*participating jurisdiction\n> \n>  means the Commonwealth, a participating State or a participating Territory.\n\n> > \\*participating State\n> \n>  means a State:\n\n> (a) that is a party to the Agreement; and\n\n> (b) in which an Act that corresponds to \\[the Commonwealth\\] Act is in force in accordance with the Agreement.\n\n> > \\*participating Territory\n> \n>  means a Territory:\n\n> (a) that is a party to the Agreement; and\n\n> (b) in which an Act that corresponds to \\[the Commonwealth\\] Act is in force in accordance with the Agreement.\n\n> > ppm\n> \n>  means parts per million by volume.\n\n> “\n> \n> > Stage 1 site\n> \n> ” means a site where significantly elevated concentrations of one or more air toxics are expected to occur.\n\n> “\n> \n> > Stage 2 site\n> \n> ” means a Stage 1 site prioritised for monitoring on the basis of its potential for significant population exposure, (as described in Schedule 3 to this Measure), to one or more air toxics.\n\n> “\n> \n> > Year\n> \n> ” means a calendar year for the purposes of this Measure.\n\n#### 3 Application\n\n> Participant jurisdictions must establish assessment monitoring and reporting procedures in accordance with the protocols in this Measure.\n\n## Part 2 National Environment Protection Goal\n\n#### 4 Purpose of Part\n\nThe purpose of this part is to set out a goal:\n\n(a) that relates to the desired environmental outcomes; and\n\n(b) that guides the formulation of strategies for the management of human activities that may affect the environment.\n\n#### 5 National environment protection goal\n\nThe national environment protection goal of this Measure is to improve the information base regarding ambient air toxics within the Australian environment in order to facilitate the development of standards following a Review of the Measure within eight years of its making.\n\n#### 6 Desired environmental outcome\n\nThe desired environmental outcome of this Measure is to facilitate management of air toxics in ambient air that will allow for the equivalent protection of human health and well being, by-\n\n(1) providing for the generation of comparable, reliable information on the levels of toxic air pollutants (“air toxics”) at sites where significantly elevated concentrations of one or more of these air toxics are likely to occur (“Stage 1 sites”) and where the potential for significant population exposure to air toxics exists ( “Stage 2 sites”).\n\n(2) establishing a consistent approach to the identification of such sites for use by jurisdictions.\n\n(3) establishing a consistent frame of reference (“monitoring investigation levels”) for use by jurisdictions in assessing the likely significance of levels of air toxics measured at Stage 2 sites.\n\n(4) adopting a nationally consistent approach to monitoring air toxics at a range of locations (eg. near major industrial sites, major roads, areas affected by wood smoke).\n\n## Part 3 National environment protection protocol\n\n#### 7 Purpose of Part\n\nThe purpose of this Part is to set out the processes to be followed in\n\n(a) identifying Stage 1 sites and Stage 2 sites;\n\n(b) measuring the concentration of air toxics in the air at Stage 2 sites, and\n\n(c) evaluating the results of monitoring against monitoring investigation levels\n\nThis protocol sets out the process for monitoring air quality in such a way as to achieve the national environment protection goal specified in Part 2 of this Measure.\n\n#### 8 Identification of Stage 1 and Stage 2 sites for monitoring of Air Toxics\n\n(1) Each participating jurisdiction must undertake an assessment of locations within the jurisdiction to identify Stage 1 sites which may be used for the purpose of monitoring any of the air toxics specified in Schedule 1 to this Measure.\n\n(2) An assessment of locations as required under sub-clause (1) must be undertaken in accordance with the requirements for identification of Stage 1 sites set out in Schedule 2 to this Measure.\n\n(3) Following the assessment under sub-clause (1) each jurisdiction will determine which (if any) of its Stage 1 sites warrant designation as Stage 2 sites.\n\n(4) A determination as required under sub-clause (3) must be undertaken in accordance with requirements for the identification of Stage 2 sites set out in Schedule 2 of this Measure.\n\n(5) Where a participating jurisdiction identifies more than one Stage 2 site, the jurisdiction may establish the priority for monitoring each site in accordance with Schedule 2 to this Measure.\n\n(6) Where a jurisdiction decides to undertake preliminary monitoring the results may be used to assist in the prioritisation of Stage 2 sites. Prioritisation must be carried out in accordance with Schedule 2.\n\n#### 9 Monitoring of Air Toxics\n\n(1) Where a Stage 2 site identified in accordance with Clause 8 (3) is an industrial site, subject to jurisdictional regulatory control, the jurisdiction may decide that monitoring in accordance with this National Environment Protection Measure would not add value to existing statutory measures applied at that site and not undertake monitoring.\n\n(2) Where a jurisdiction decides not to monitor at such a site, it must report to Council the basis for that decision in accordance with Schedule 4.\n\n(3) Where one or more Stage 2 sites have been identified under Clause 8 of this Measure, and if monitoring of air toxics is undertaken, then monitoring must be in accordance with the requirements set out in Schedule 3 to this Measure.\n\n(4) A participating jurisdiction may only discontinue monitoring for a pollutant at a Stage 2 site if the requirements of the screening procedure at section 7 of Schedule 2 to this Measure are satisfied in relation to the site.\n\n#### 10 Siting of monitoring equipment\n\n(1) Except where monitoring is carried out in accordance with sub-clause 10(2)(d), siting of monitoring equipment for each site at which monitoring is to be undertaken must, as far as practicable, comply with Australian Standard AS/NZS 3580.1.1:2007 Ambient Air - Guide for the siting of sampling units for peak monitoring stations.\n\n(2) When siting monitoring equipment, the following must be taken into account -\n\n(a) equipment for the purpose of monitoring air toxics must, where appropriate, be situated to determine the cumulative impact of multiple sources;\n\n(b) despite the requirements under sub-clause (a), where the concentration of air toxics from road sources is being monitored, cumulative impacts may relate to emissions from one type of source, such as motor vehicles;\n\n(c) when monitoring street canyons, monitoring equipment should be sited to ensure that maximum concentrations of air toxics are determined, as concentrations on opposing sides of canyons can vary widely; and\n\n(d) in wood smoke impacted areas, PM10 performance monitoring stations as designated under the National Environment Protection (Ambient Air Quality) Measure may be used for monitoring of PAHs and other air toxics associated with wood smoke.\n\n(3) Notwithstanding the requirements of sub-clause (1), when siting monitoring equipment at roadside Stage 2 sites, equipment must be sited within 20 metres of the kerbside and the distance from the kerb must be reported.\n\n#### 11 Accreditation\n\n(1) Subject to subclause (2), an operator conducting monitoring for the purpose of this Measure must be accredited for the relevant methods by the National Association of Testing Authorities.\n\n(2) An operator may apply an equivalent system, approved by the National Association of Testing Authorities, for ensuring adequate monitoring, quality assurance and validation procedures.\n\n#### 12 Evaluation of monitoring results against monitoring investigation levels\n\nThe results of any monitoring must be assessed against the monitoring investigation levels identified in Schedule 3 to this Measure. For any exceedence of a monitoring investigation level identified in Schedule 3 to this Measure, the jurisdiction must undertake some form of evaluation to determine the circumstances that led to the exceedence, including the likely sources of the air toxics and influence of natural factors.\n\n#### 13 Reporting\n\n(1) Each participating jurisdiction must submit a report to Council in accordance with Schedule 4 to this Measure.\n\n(2) A report submitted in accordance with sub-clause (1) must be submitted to Council by the 30 June next following each reporting year.\n\n(3) In this clause “reporting year” means a year ending on 31 December.\n\n#### 14 Review of the Measure\n\n(1) This Measure will be subject to a full review to commence within eight years of commencement. This Review will consider -\n\n(a) the effectiveness of the Measure in achieving the desired environmental outcome set out within it;\n\n(b) the resources available for implementing the Measure; and\n\n(c) the need, if any, for amending the Measure (in accordance with the Act), including:\n\n(i) whether any changes should be made to the Schedules; and\n\n(ii) whether any changes should be made to improve the effectiveness of the Measure in order to achieve the national environment protection goal set within it.\n\n(2) Provided that the review required under 14(1) has not been initiated before the commencement of the fifth year of the Measure, the Measure will undergo a preliminary review in the fifth year after being made to enable an assessment of progress toward meeting the specified Goal of the Measure to be made.\n\n#### 15 Schedules to the Measure\n\nThis measure contains the following Schedules:\n\n(1) Schedule 1\n\nSchedule 1 to this Measure identifies the air toxics to which this Measure applies.\n\n(2) Schedule 2\n\nSchedule 2 to this Measure prescribes the process to be undertaken when identifying and prioritising Stage 1 and Stage 2 sites and prescribes the screening procedure for discontinuing monitoring at Stage 2 sites.\n\n(3) Schedule 3\n\nSchedule 3 to this Measure prescribes the methodology for air toxics monitoring and assessment.\n\n(4) Schedule 4\n\nSchedule 4 to this Measure prescribes the reporting requirements for this Measure.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Purpose of Part","content":"#### 7 Purpose of Part\n\nThe purpose of this Part is to set out the processes to be followed in\n\n(a) identifying Stage 1 sites and Stage 2 sites;\n\n(b) measuring the concentration of air toxics in the air at Stage 2 sites, and\n\n(c) evaluating the results of monitoring against monitoring investigation levels\n\nThis protocol sets out the process for monitoring air quality in such a way as to achieve the national environment protection goal specified in Part 2 of this Measure.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Identification of Stage 1 and Stage 2 sites for monitoring of Air Toxics","content":"#### 8 Identification of Stage 1 and Stage 2 sites for monitoring of Air Toxics\n\n(1) Each participating jurisdiction must undertake an assessment of locations within the jurisdiction to identify Stage 1 sites which may be used for the purpose of monitoring any of the air toxics specified in Schedule 1 to this Measure.\n\n(2) An assessment of locations as required under sub-clause (1) must be undertaken in accordance with the requirements for identification of Stage 1 sites set out in Schedule 2 to this Measure.\n\n(3) Following the assessment under sub-clause (1) each jurisdiction will determine which (if any) of its Stage 1 sites warrant designation as Stage 2 sites.\n\n(4) A determination as required under sub-clause (3) must be undertaken in accordance with requirements for the identification of Stage 2 sites set out in Schedule 2 of this Measure.\n\n(5) Where a participating jurisdiction identifies more than one Stage 2 site, the jurisdiction may establish the priority for monitoring each site in accordance with Schedule 2 to this Measure.\n\n(6) Where a jurisdiction decides to undertake preliminary monitoring the results may be used to assist in the prioritisation of Stage 2 sites. Prioritisation must be carried out in accordance with Schedule 2.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Monitoring of Air Toxics","content":"#### 9 Monitoring of Air Toxics\n\n(1) Where a Stage 2 site identified in accordance with Clause 8 (3) is an industrial site, subject to jurisdictional regulatory control, the jurisdiction may decide that monitoring in accordance with this National Environment Protection Measure would not add value to existing statutory measures applied at that site and not undertake monitoring.\n\n(2) Where a jurisdiction decides not to monitor at such a site, it must report to Council the basis for that decision in accordance with Schedule 4.\n\n(3) Where one or more Stage 2 sites have been identified under Clause 8 of this Measure, and if monitoring of air toxics is undertaken, then monitoring must be in accordance with the requirements set out in Schedule 3 to this Measure.\n\n(4) A participating jurisdiction may only discontinue monitoring for a pollutant at a Stage 2 site if the requirements of the screening procedure at section 7 of Schedule 2 to this Measure are satisfied in relation to the site.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Siting of monitoring equipment","content":"#### 10 Siting of monitoring equipment\n\n(1) Except where monitoring is carried out in accordance with sub-clause 10(2)(d), siting of monitoring equipment for each site at which monitoring is to be undertaken must, as far as practicable, comply with Australian Standard AS/NZS 3580.1.1:2007 Ambient Air - Guide for the siting of sampling units for peak monitoring stations.\n\n(2) When siting monitoring equipment, the following must be taken into account -\n\n(a) equipment for the purpose of monitoring air toxics must, where appropriate, be situated to determine the cumulative impact of multiple sources;\n\n(b) despite the requirements under sub-clause (a), where the concentration of air toxics from road sources is being monitored, cumulative impacts may relate to emissions from one type of source, such as motor vehicles;\n\n(c) when monitoring street canyons, monitoring equipment should be sited to ensure that maximum concentrations of air toxics are determined, as concentrations on opposing sides of canyons can vary widely; and\n\n(d) in wood smoke impacted areas, PM10 performance monitoring stations as designated under the National Environment Protection (Ambient Air Quality) Measure may be used for monitoring of PAHs and other air toxics associated with wood smoke.\n\n(3) Notwithstanding the requirements of sub-clause (1), when siting monitoring equipment at roadside Stage 2 sites, equipment must be sited within 20 metres of the kerbside and the distance from the kerb must be reported.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Accreditation","content":"#### 11 Accreditation\n\n(1) Subject to subclause (2), an operator conducting monitoring for the purpose of this Measure must be accredited for the relevant methods by the National Association of Testing Authorities.\n\n(2) An operator may apply an equivalent system, approved by the National Association of Testing Authorities, for ensuring adequate monitoring, quality assurance and validation procedures.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Evaluation of monitoring results against monitoring investigation levels","content":"#### 12 Evaluation of monitoring results against monitoring investigation levels\n\nThe results of any monitoring must be assessed against the monitoring investigation levels identified in Schedule 3 to this Measure. For any exceedence of a monitoring investigation level identified in Schedule 3 to this Measure, the jurisdiction must undertake some form of evaluation to determine the circumstances that led to the exceedence, including the likely sources of the air toxics and influence of natural factors.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Reporting","content":"#### 13 Reporting\n\n(1) Each participating jurisdiction must submit a report to Council in accordance with Schedule 4 to this Measure.\n\n(2) A report submitted in accordance with sub-clause (1) must be submitted to Council by the 30 June next following each reporting year.\n\n(3) In this clause “reporting year” means a year ending on 31 December.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Review of the Measure","content":"#### 14 Review of the Measure\n\n(1) This Measure will be subject to a full review to commence within eight years of commencement. This Review will consider -\n\n(a) the effectiveness of the Measure in achieving the desired environmental outcome set out within it;\n\n(b) the resources available for implementing the Measure; and\n\n(c) the need, if any, for amending the Measure (in accordance with the Act), including:\n\n(i) whether any changes should be made to the Schedules; and\n\n(ii) whether any changes should be made to improve the effectiveness of the Measure in order to achieve the national environment protection goal set within it.\n\n(2) Provided that the review required under 14(1) has not been initiated before the commencement of the fifth year of the Measure, the Measure will undergo a preliminary review in the fifth year after being made to enable an assessment of progress toward meeting the specified Goal of the Measure to be made.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Schedules to the Measure","content":"#### 15 Schedules to the Measure\n\nThis measure contains the following Schedules:\n\n(1) Schedule 1\n\nSchedule 1 to this Measure identifies the air toxics to which this Measure applies.\n\n(2) Schedule 2\n\nSchedule 2 to this Measure prescribes the process to be undertaken when identifying and prioritising Stage 1 and Stage 2 sites and prescribes the screening procedure for discontinuing monitoring at Stage 2 sites.\n\n(3) Schedule 3\n\nSchedule 3 to this Measure prescribes the methodology for air toxics monitoring and assessment.\n\n(4) Schedule 4\n\nSchedule 4 to this Measure prescribes the reporting requirements for this Measure.","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"Reassessment of identification of Stage 1 and Stage 2 Site locations","content":"## Part 4: Reassessment of identification of Stage 1 and Stage 2 Site locations\n\n(i) In order to ensure that information gathered by jurisdictions on air toxics at Stage 1 and Stage 2 sites is reliable, it is important that the currency of this information is regularly reassessed by jurisdictions. As such, jurisdictions must repeat the desktop assessment and identification of Stage 1 and Stage 2 sites within their jurisdictions no later than the end of the fourth year after the commencement of this Measure. In conducting this repeat assessment, jurisdictions should reassess Stage 1 and Stage 2 sites using the same methodology utilised for the initial identification of Stage 1 and Stage 2 sites (or an updated methodology agreed by Council)..\n\nReporting Schedule\n\n| Report Year | Report components                                                                                                                                                                                                                                                                                                                                                                                                                                          |\n| ----------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1           | Part 1: Identification of Sites.                                                                                                                                                                                                                                                                                                                                                                                                                           |\n| 2           | Part 1: Identification of Sites (if additional Stage 1 and/or Stage 2 sites have been identified);Part 2: Reporting of Monitoring of Air Toxics; andPart 3: Reporting on Action and Assessment taken to manage air toxics (only required where exceedences of monitoring investigation levels have been reported).                                                                                                                                         |\n| 3           | Part 1: Identification of Sites (if additional Stage 1 and/or Stage 2 sites have been identified);Part 2: Reporting of Monitoring of Air Toxics; andPart 3: Reporting on Action and Assessment taken to manage air toxics (only required where exceedences of monitoring investigation levels have been reported).                                                                                                                                         |\n| 4           | Part 1: Identification of Sites (if additional Stage 1 and/or Stage 2 sites have been identified);Part 2: Reporting of Monitoring of Air Toxics; andPart 3: Reporting on Action and Assessment taken to manage air toxics (only required where exceedences of monitoring investigation levels have been reported); andPart 4: Results from repeat assessment of Stage 1 and Stage 2 Site locations.                                                        |\n| 5           | Part 1: Identification of Sites (if additional Stage 1 and/or Stage 2 sites have been identified);Part 2: Reporting of Monitoring of Air Toxics; andPart 3: Reporting on Action and Assessment taken to manage air toxics (only required where exceedences of monitoring investigation levels have been reported).                                                                                                                                         |\n| 6           | Part 1: Identification of Sites (if additional Stage 1 and/or Stage 2 sites have been identified);Part 2: Reporting of Monitoring of Air Toxics; andPart 3: Reporting on Action and Assessment taken to manage air toxics (only required where exceedences of monitoring investigation levels have been reported).                                                                                                                                         |\n| 7           | Part 1: Identification of Sites (if additional Stage 1 and/or Stage 2 sites have been identified);Part 2: Reporting of Monitoring of Air Toxics;Part 3: Reporting on Action and Assessment taken to manage air toxics (only required where exceedences of monitoring investigation levels have been reported); andPart 4: Reporting on any Stage 2 sites at which monitoring has ceased, including a summary of existing monitoring data for the site.     |\n| 8           | Part 1: Identification of Sites (if additional Stage 1 and/or Stage 2 sites have been identified);Part 2: Reporting of Monitoring of Air Toxics; andPart 3: Reporting on Action and Assessment taken to manage air toxics (only required where exceedences of monitoring investigation levels have been reported); andPart 4: Reporting on any Stage 2 sites at which monitoring has ceased, including a summary of existing monitoring data for the site. |","sortOrder":21}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The Measure appears consistent with its original intent as an interim information-gathering framework. It explicitly limits itself to establishing monitoring protocols and investigation levels rather than enforceable standards, with a built-in sunset review mechanism (Clause 14) to determine whether actual standards should be developed. The scope has not expanded beyond ambient air quality assessment."},"complexity_factors":["Multiple cross-references to four separate Schedules (1-4) that contain substantive technical content not fully reproduced in the main text","Nested conditional logic: Stage 1 site identification → Stage 2 prioritisation → monitoring requirements → evaluation against investigation levels → reporting obligations","Exception clauses allowing jurisdictions to skip monitoring at industrial sites if 'would not add value' (Clause 9(1)), subject to reporting requirements","Dual review mechanism with conditional trigger: preliminary review at year 5 only if full review hasn't started, plus mandatory full review at year 8","Incorporation of external technical standards by reference (AS/NZS 3580.1.1:2007) without reproducing their content","Federated implementation structure requiring coordination between Commonwealth, States and Territories under the 1992 NEPC Agreement","Phased reporting requirements varying by year (Years 1-8) with different components required in different years"],"plain_english_summary":"This Measure creates a national system to monitor hazardous outdoor air pollutants across Australia, requiring states and territories to identify and prioritize likely hot spots, use consistent measurement and reporting methods, and flag exceedances for investigation.  \n\nIt affects state/territory governments, nearby industrial operators and councils, and the public — aiming to build comparable data over eight years to inform whether legal pollution standards are needed."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This Measure remains focused on its original, stated purpose: gathering nationally comparable information about ambient air toxics to support later consideration of standards. It does not expand into direct regulatory limits or compliance penalties itself; instead it prescribes monitoring, accreditation, siting and reporting processes. There is no substantive growth beyond the information‑gathering and review remit set out in the Measure (see s5–s6 and s14)."},"complexity_factors":["Multiple defined terms in s2 (≈15–20 key terms including cross‑referenced terms from the Commonwealth Act)","Four Schedules with substantive, technical content (Schedule 1: list of toxics; Schedule 2: site identification/prioritisation and discontinuation screening; Schedule 3: monitoring methodology and monitoring investigation levels; Schedule 4: reporting templates and schedule)","Cross‑references to external instruments and standards (Commonwealth Act, Agreement, AS/NZS 3580.1.1:2007)","Discretion points creating conditional logic (s9(1) jurisdiction may decline monitoring at regulated industrial sites; s9(4) screening procedure for discontinuation)","Technical requirements and exceptions in siting rules (s10: general requirement to follow AS/NZS standard plus specified exceptions and a 20‑metre roadside rule)","Accreditation requirement with an alternative approved option (s11)","Nested reporting timetable and multi‑part reporting requirements across an 8‑year cycle (Schedule 4 and Reporting Schedule)","Review provisions with a full review (within 8 years) and a preliminary review trigger at year 5 (s14)"],"plain_english_summary":"**What this Measure does (mechanics)**\n\n- Sets a national protocol for identifying, monitoring and reporting on selected toxic pollutants in outdoor air (“air toxics”). (See s5–s7.)\n- Requires each participating jurisdiction (Commonwealth, States, Territories that are party to the Agreement) to carry out a desktop assessment to identify sites likely to have elevated air toxics (“Stage 1 sites”) and to prioritise some of those for active monitoring where people are likely to be exposed (“Stage 2 sites”). (Definitions and s8; Schedule 2.)\n- Prescribes how monitoring must be sited and performed, including a requirement to follow the Australian siting standard AS/NZS 3580.1.1:2007 as far as practicable and a 20‑metre kerbside rule for roadside sites. It also requires monitoring operators to be accredited by the National Association of Testing Authorities (NATA) or to use an equivalent NATA‑approved system. (s10–s11; Schedule 3.)\n- Requires jurisdictions to assess monitoring results against specified “monitoring investigation levels” (listed in Schedule 3) and to investigate any exceedance to identify likely sources and contributing factors. (s12; Schedule 3.)\n- Establishes annual reporting to the National Environment Protection Council by 30 June for the preceding calendar year, with a multi‑part proforma for reporting site identification, monitoring results, actions taken and reassessments. (s13; Schedule 4 and Reporting Schedule.)\n- Builds in review points: a full review of the Measure to start within eight years, and a preliminary review if a full review has not started by year five. (s14.)\n\n**Who this affects**\n\n- Primary duty‑holders: participating jurisdictions (Commonwealth, States, Territories). They must resource and run the assessments, monitoring programs and reporting. (s3, s8, s13.)\n- Monitoring operators and laboratories: must meet accreditation or approved equivalent quality assurance and validation systems. This typically includes government environmental agencies and private testing labs contracted by jurisdictions. (s11.)\n- Industrial sites and other local sources: may be monitored if identified as Stage 2 sites; however, jurisdictions may decide not to carry out Measure‑style monitoring at industrial sites already subject to effective regulatory controls, provided they report that decision and the basis for it. (s9(1)–(2); Schedule 4 reporting.)\n- The public and elected bodies: gain comparable, nationally consistent information about air toxics in specific locations; the Measure itself does not immediately set pollution limits but is designed to inform possible future standards. (s5–s6; s14.)\n\n**Why it matters (stated purpose and practical implications)**\n\n- The Measure’s stated goal is to improve the information base on ambient air toxics so jurisdictions can consider developing national standards after a review (s5). That is, it is primarily an information‑gathering protocol, not a regulatory standard‑setting instrument in itself.\n\n- Practical consequences: jurisdictions will incur monitoring and reporting costs (equipment, accredited operators, data analysis, and staff time). Those costs fall on the jurisdictions which may contract private laboratories or use in‑house labs. The Measure creates a standardised dataset across jurisdictions which can be used to justify later regulatory action (s6; s14). \n\n- Discretion and trade‑offs: the Measure gives jurisdictions discretion to skip Measure‑style monitoring at industrial sites already regulated (s9(1)–(2)). That reduces duplication but creates variance in national coverage because decisions rest with each jurisdiction. The Measure also allows jurisdictions to add low‑cost extra monitoring beyond Schedule 1 toxics and encourages reporting of that data (Schedule 4 Part 2(v)).\n\n**Implementation, incentives and risks**\n\n- Who pays: participating jurisdictions fund the work. They may engage accredited private operators (s11). Industry is not directly charged by the Measure, but monitoring results could inform future regulation affecting industry—an indirect economic effect.\n\n- Who decides: jurisdictions decide which Stage 1 sites exist, which are escalated to Stage 2, priorities among multiple Stage 2 sites, whether to monitor industrial sites already regulated, and whether to discontinue monitoring under the screening procedure in Schedule 2 (s8–s9; Schedule 2). The Council receives the reports and oversees the national review process (s13–s14).\n\n- Behaviour change signalled: the Measure creates a routine, nationalised monitoring and reporting expectation. Jurisdictions will need to allocate resources to monitoring programs and data management. Operators must meet accreditation and quality assurance requirements (s11). Industry and local source operators may face increased scrutiny if monitoring identifies exceedances—though actual regulatory consequences are left to jurisdictions and any future standards developed after the Measure’s review (s12; s14).\n\n- Opportunity costs and compliance burden: time and money spent on monitoring and reporting could otherwise be spent on direct emission controls. The Measure’s information focus means immediate regulatory action is not mandated, which reduces immediate cost to industry but delays direct corrective measures until jurisdictions act on the information produced.\n\n- Implementation risk: data comparability depends on jurisdictions following siting standards, accreditation and reporting protocols (s10–s11; Schedule 3 and 4). The Measure allows some local variation (e.g. use of PM10 stations for PAHs in wood smoke areas, siting exceptions), which helps practicality but increases risk to dataset comparability (s10(2)(d)).\n\n**Key procedural points to note (section references)**\n\n- Air toxics covered are listed in Schedule 1. (s15(1))\n- Identification and prioritisation rules are in Schedule 2; discontinuation screening is in Schedule 2, section 7. (s8; s9(4))\n- Monitoring methodology and monitoring investigation levels are in Schedule 3. (s9(3); s12)\n- Reporting template and timing are set out in Schedule 4; annual report due 30 June for the previous calendar year. (s13; Schedule 4)\n- Full review timing: commence within 8 years; preliminary review if full review not started by year 5. (s14)\n\n(Sections cited are those of the Measure provided.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/national-environment-protection-air-toxics-measure","history":"/api/acts/national-environment-protection-air-toxics-measure/history","analysis":"/api/acts/national-environment-protection-air-toxics-measure/analysis","conflicts":"/api/acts/national-environment-protection-air-toxics-measure/conflicts","importantCases":"/api/acts/national-environment-protection-air-toxics-measure/important-cases","documents":"/api/acts/national-environment-protection-air-toxics-measure/documents"}}