{"id":"a-1994-95","name":"National Environment Protection Council Act 1994","slug":"national-environment-protection-council-act-1994","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"95 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23995,"registerId":"act-a-1994-95-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"26","sectionType":"section","heading":"December 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"26 December 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 26 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\nPreamble 2\n1 Name of Act 3\n3 Object of Act 3\n4 Words and expressions used in Cwlth Act 3\n5 Dictionary 3\n5A Notes 4\n5B Interpretation—implementation of national environment protection\nmeasures 4\n6 Implementation of national environment protection measures 4\n\nPage\ncontents 2 National Environment Protection Council Act 1994\nPart 2 Establishment and membership of National\nEnvironment Protection Council\n7 National Environment Protection Council 5\n8 Membership of council 5\n9 Chairperson of council 6\n10 Deputies 6\nDivision 3.1 Functions and powers\n11 Functions of council 7\n12 Powers of council 7\n13 Council may make national environment protection measures 8\n14 General considerations in making national environment protection\nmeasures 9\n15 Council to give notice of intention to prepare a draft of proposed\nmeasure 10\n16 Council to prepare draft of proposed measure and impact statement 10\n17 Public consultation 11\n18 Council to have regard to impact statements and submissions 12\n19 Variation or revocation of measures 12\n20 National environment protection measures to be Commonwealth\ndisallowable instruments 13\n21 Failure to comply with procedural requirements 14\nDivision 3.2A Minor variation of national environment protection\n21A Minor variation of measures 14\n21B Public consultation for minor variation 15\n21C Council to have regard to submissions etc 15\nDivision 3.3 Assessment and reporting on implementation and\neffectiveness of measures\n22 Report by Minister on implementation and effectiveness of measures 16\n23 Annual report of council 16\n\nPage\ncontents 3\nPart 4 Meetings of council and establishment and\nmeetings of its committees\n24 Convening of meetings 18\n25 Procedure at meetings 18\n26 Quorum 18\n27 Voting at meetings 18\n28 NEPC committee 19\n29 Chairperson of NEPC committee 19\n30 Procedures of NEPC committee 19\n31 Functions of NEPC committee 19\n32 Other committees 20\n33 Withdrawal from agreement 20\nPart 5 NEPC service corporation, NEPC executive\nofficer and staff\n34 NEPC service corporation 21\n35 Functions of service corporation 21\n36 Powers of service corporation 22\n37 Contracts and leases 22\n38 NEPC executive officer 23\n39 NEPC executive officer to control service corporation 23\n40 NEPC executive officer to act in accordance with council directions 23\n41 Remuneration and allowances 24\n42 Leave of absence 24\n43 Resignation 24\n44 Termination of office 24\n45 Terms and conditions not provided for by Act 25\n46 Acting NEPC executive officer 25\n47 Powers and functions of acting NEPC executive officer 25\n\nPage\ncontents 4 National Environment Protection Council Act 1994\nDivision 5.3 Staff of service corporation and consultants\n48 Australian public service staff of service corporation 26\n49 Non-public service staff of service corporation 26\n50 Staff seconded to service corporation 26\n51 Consultants 27\n52 Payments to service corporation by Territory 28\n53 Payments to service corporation by Commonwealth and other States\nand Territories 28\n54 Money of service corporation 28\n55 Application of money of service corporation 28\n56 Estimates 29\n58 Special provisions relating to reports etc prepared under the Public\nGovernance, Performance and Accountability Act 2013 29\n59 Powers and functions conferred under corresponding legislation 30\n60 Delegation by council 30\n61 Acts done by council 30\n62 Regulation-making power 31\n63 Review of operation of Act 31\nSchedule 1 Intergovernmental agreement on the\nenvironment 32\nDictionary 73\n1 About the endnotes 76\n2 Abbreviation key 76\n3 Legislation history 77\n\nPage\ncontents 5\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Amendment history 79","content":"4 Amendment history 79\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications 83","content":"5 Earlier republications 83\n\nAn Act to provide for the establishment of a national environment protection\ncouncil, and for related purposes\n\nPreamble\nPreamble\nThe Commonwealth, the States, the Australian Capital Territory, the\nNorthern Territory and the Australian Local Government Association\nhave entered into an agreement known as the Intergovernmental\nAgreement on the Environment setting out certain responsibilities of\neach party in relation to the environment.\nThat agreement provides that the Commonwealth, the States, the\nAustralian Capital Territory and the Northern Territory will make\njoint legislative provision for the establishment of a body to\ndetermine national environment protection measures.\nThat agreement further provides that once the form of the joint\nlegislative provision for the establishment of the body has been\nagreed to, the Commonwealth, the States, the Australian Capital\nTerritory and the Northern Territory will submit to their parliaments\nor legislative assemblies, and take such steps as are appropriate to\nsecure the passage of, bills containing that legislation.\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\nPreliminary Part 1\n","sortOrder":2},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the National Environment Protection Council Act 1994.\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"3 Object of Act\nThe object of this Act is to ensure that, by means of the establishment\nand operation of the National Environment Protection Council—\n(a) people enjoy the benefit of equivalent protection from air, water\nor soil pollution and from noise, wherever they live in Australia;\nand\n(b) decisions of the business community are not distorted, and\nmarkets are not fragmented, by variations between participating\njurisdictions in relation to the adoption or implementation of\nmajor environmental protection measures.\n4 Words and expressions used in Cwlth Act\nA word or expression used in the Commonwealth Act has the same\nmeaning in this Act.\n5 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain words and\nexpressions used in this Act.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n\n","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Notes","content":"5A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":5},{"sectionNumber":"5B","sectionType":"section","heading":"Interpretation—implementation of national environment","content":"5B Interpretation—implementation of national environment\nA reference in this Act to the implementation of national environment\nprotection measures includes a reference to the enforcement of the\nlaws and other arrangements made for the purpose of implementing\nthose measures.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Implementation of national environment protection","content":"6 Implementation of national environment protection\nIt is the intention of the Legislative Assembly that the Australian\nCapital Territory will, in compliance with its obligations under the\nagreement, implement, by such laws or other arrangements as are\nnecessary, each national environment protection measure in respect\nof activities that are subject to the law of the Australian Capital\nTerritory (including activities of the government of the Australian\nCapital Territory and its instrumentalities).\n\nEstablishment and membership of National Environment Protection Council Part 2\n","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Establishment and membership","content":"Part 2 Establishment and membership\nof National Environment\nProtection Council\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"National Environment Protection Council","content":"7 National Environment Protection Council\nThe National Environment Protection Council is established.\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Membership of council","content":"8 Membership of council\n(1) The council consists of the following members:\n(a) a Minister of the Commonwealth who is nominated by the Prime\nMinister;\n(b) a Minister of each participating State who is nominated by the\nPremier of the State concerned;\n(c) a Minister of each participating Territory who is nominated by\nthe Chief Minister of the Territory concerned.\n(2) A member ceases to be a member if—\n(a) the participating State or participating Territory in respect of\nwhich the member is nominated ceases to be a participating\nState or participating Territory; or\n(b) the member ceases to be a Minister; or\n(c) another Minister of the same jurisdiction is nominated in\nsubstitution for the member.\n(3) Nominations under this section must be in writing.\n(4) The exercise of a function or power by the council is not affected by\na vacancy or vacancies in the membership of the council.\n(5) Anything done by or in relation to a person purporting to act under a\nnomination under this section is not invalid merely because there was\na defect or irregularity in connection with the nomination.\n\nPart 2 Establishment and membership of National Environment Protection Council\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Chairperson of council","content":"9 Chairperson of council\nThe member referred to in section 8 (1) (a) is the chairperson of the\ncouncil.\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Deputies","content":"10 Deputies\n(1) The Prime Minister, the Premier of a participating State or the Chief\nMinister of a participating Territory may nominate a Minister to be\nthe deputy of the Minister nominated under section 8.\n(2) In the event of the absence or unavailability of the chairperson, or of\nanother member, the Minister nominated as the deputy of the\nchairperson or of that other member—\n(a) may act in the place of the chairperson or of that other member;\nand\n(b) while so acting, has all the functions and powers of the\nchairperson or of that other member.\n(3) Nominations under this section must be in writing.\n(4) Anything done by or in relation to a person purporting to act under a\nnomination under subsection (1) is not invalid merely because—\n(a) there was a defect or irregularity in connection with the\nnomination; or\n(b) the occasion to act had not arisen or had ceased.\n\nFunctions and powers Division 3.1\n","sortOrder":12},{"sectionNumber":"Div 3","sectionType":"division","heading":"1 Functions and powers","content":"Division 3.1 Functions and powers\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Functions of council","content":"11 Functions of council\nThe council has the following functions:\n(a) to make national environment protection measures in\naccordance with division 3.2;\n(b) to assess and report on the implementation and effectiveness in\nparticipating jurisdictions of national environment protection\nmeasures.\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Powers of council","content":"12 Powers of council\nThe council has power to do all things that are necessary or\nconvenient to be done for or in connection with the exercise of its\nfunctions, and, in particular, has power to—\n(a) consult with appropriate persons and bodies; and\n(b) obtain advice and assistance from the NEPC committee or from\nanother committee established by the council under section 32;\nand\n(c) undertake or commission research; and\n(d) publish reports relating to the functions and powers of the\ncouncil; and\n(e) provide information to the public (including industry); and\n(f) consult with relevant Commonwealth, State and Territory\nbodies; and\n(g) consult with the Australian Local Government Association; and\n(h) direct the service corporation to provide assistance and support\nto other ministerial councils.\n\nDivision 3.2 Making of national environment\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Council may make national environment protection","content":"13 Council may make national environment protection\n(1) The council may, in writing, make a measure, to be known as a\nnational environment protection measure that relates to any 1 or more\nof the following:\n(a) ambient air quality;\n(b) ambient marine, estuarine and freshwater quality;\n(c) the protection of amenity in relation to noise (but only if\ndifferences in environmental requirements relating to noise\nwould have an adverse effect on national markets for goods and\nservices);\n(d) general guidelines for the assessment of site contamination;\n(e) environment impacts associated with hazardous wastes;\n(f) the reuse and recycling of used materials;\n(g) except as provided in subsection (2), motor vehicle noise and\nemissions.\n(2) Noise and emission standards relating to the design construction and\ntechnical characteristics of new and in-service motor vehicles may\nonly—\n(a) be developed and agreed in conjunction with the National\nTransport Commission; and\n(b) be determined in accordance with the National Transport\nCommission Act 2003 (Cwlth) and, if appropriate, the Road\nVehicle Standards Act 2018 (Cwlth).\n\n(3) National environment protection measures must each comprise any\n1 or more of the following:\n(a) a national environment protection standard;\n(b) a national environment protection goal;\n(c) a national environment protection guideline;\n(d) a national environment protection protocol.\n(4) An instrument under section 13 (1) is a notifiable instrument.\n(5) In this section:\nNational Transport Commission—see the National Transport\nCommission Act 2003 (Cwlth), section 5.\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"General considerations in making national environment","content":"14 General considerations in making national environment\nIn making any national environment protection measure, the council\nmust have regard to—\n(a) whether the measure is consistent with the agreement, section 3;\nand\n(b) the environmental, economic and social impact of the measure;\nand\n(c) the simplicity, efficiency and effectiveness of the administration\nof the measure; and\n(d) whether the most effective means of achieving the desired\nenvironmental outcomes of the measure is by means of a\nnational environment protection standard, goal or guideline or\nany particular combination thereof; and\n(e) the relationship of the measure to existing intergovernmental\nmechanisms; and\n\n(f) relevant international agreements to which Australia is a party;\nand\n(g) any regional environmental differences in Australia.\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Council to give notice of intention to prepare a draft of","content":"15 Council to give notice of intention to prepare a draft of\nproposed measure\n(1) If the council intends to make a national environment protection\nmeasure, the council must publish a notice—\n(a) specifying the subject of the proposed measure; and\n(b) stating that the council intends to prepare a draft of the proposed\nmeasure.\n","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Council to prepare draft of proposed measure and impact","content":"16 Council to prepare draft of proposed measure and impact\nstatement\nBefore making any national environment protection measure and not\nearlier than 30 days after the day on which section 15 (2) (b) has been\nfully complied with in all participating jurisdictions, the council must\nprepare—\n(a) a draft of the proposed measure; and\n(b) an impact statement relating to the proposed measure that\nincludes the following:\n(i) the desired environmental outcomes;\n\n(ii) the reasons for the proposed measure and the\nenvironmental impact of not making the measure;\n(iii) a statement of the alternative methods of achieving the\ndesired environmental outcomes and the reasons why those\nalternatives have not been adopted;\n(iv) an identification and assessment of the economic and\nsocial impact on the community (including industry) of\nmaking the proposed measure;\n(v) a statement of the manner in which any regional\nenvironmental differences in Australia have been\naddressed in the development of the proposed measure;\n(vi) the intended date for making the proposed measure;\n(vii) the timetable (if any) for the implementation of the\nproposed measure;\n(viii) the transitional arrangements (if any) in relation to the\nproposed measure.\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Public consultation","content":"17 Public consultation\n(1) Before making a national environment protection measure,\nthe council must publish a notice—\n(a) stating how the draft of the proposed measure and the impact\nstatement may be obtained; and\n(b) inviting submissions to the council on the proposed measure,\nor on the impact statement, within a specified period.\n\n(3) The period specified in each notice under subsection (1) must end not\nless than 2 months after the day on which subsection (2) (b) has been\nfully complied with in all participating jurisdictions.\n","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Council to have regard to impact statements and","content":"18 Council to have regard to impact statements and\nsubmissions\nIn making a national environment protection measure, the council is\nto have regard, in addition to the matters referred to in section 14,\nto—\n(a) the impact statement that relates to the measure; and\n(b) any submissions it receives that relate to the measure or to the\nimpact statement; and\n(c) any advice from the NEPC committee or from a committee\nestablished under section 32.\n","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Variation or revocation of measures","content":"19 Variation or revocation of measures\n(1) The council may vary or revoke any national environment protection\nmeasure.\n(2) If the council intends to vary or revoke a national environment\nprotection measure the council must publish a notice specifying the\nmeasure that the council intends varying or revoking.\n(3) The notice must—\n\n(4) Sections 14, 16, 17 and 18 apply to a variation or revocation of a\nnational environment protection measure as if—\n(a) a reference to making a national environment protection\nmeasure were a reference to a variation or revocation of a\nnational environment protection measure;\n(b) a reference to a national environment protection measure were a\nreference to the variation or revocation of such a measure;\n(c) a reference to a proposed national environment protection\nmeasure were a reference to a proposed variation or proposed\nrevocation of such a measure; and\n(d) the reference in section 16 to the day on which section 15 (2) (b)\nhas been fully complied with in all participating jurisdictions\nwere a reference to the day on which subsection (3) (b) has been\nfully complied with in all participating jurisdictions.\n(5) A variation or revocation of a national environment protection\nmeasure is a notifiable instrument.\n(6) Subsections (2) to (4) do not apply to a minor variation of a national\nenvironment protection measure under division 3.2A.\n","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"National environment protection measures to be","content":"20 National environment protection measures to be\nCommonwealth disallowable instruments\n(1) The Commonwealth Act, section 21 applies to national environment\nprotection measures made by the council.\n(2) Any such measure ceases to have effect if it is disallowed by either\nHouse of the Parliament of the Commonwealth or if it otherwise\nceases to have effect for the Commonwealth Act.\n\nDivision 3.2A Minor variation of national environment protection measures\n","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Failure to comply with procedural requirements","content":"21 Failure to comply with procedural requirements\nIf—\n(a) the council fails to comply with a particular procedural\nrequirement of this Act in making a national environment\nprotection measure; but\n(b) despite that failure the council has substantially complied with\nthe procedural requirements of this Act for making that measure;\nthe failure does not invalidate the measure so made.\nDivision 3.2A Minor variation of national\nenvironment protection measures\n","sortOrder":24},{"sectionNumber":"21A","sectionType":"section","heading":"Minor variation of measures","content":"21A Minor variation of measures\n(1) The council may vary a national environment protection measure\n(a minor variation) if—\n(a) the variation is supported by a unanimous resolution of all of the\nmembers; and\n(b) the resolution states that the variation does not involve a\nsignificant change in the effect of the national environment\nprotection measure.\n(2) If the council decides that a variation does not involve a significant\nchange in the effect of the national environment protection measure,\nthe council must prepare—\n(a) a draft of the proposed variation; and\n(b) a statement relating to the variation that explains—\n(i) the reasons for the proposed variation; and\n(ii) the nature and effect of the proposed variation; and\n(iii) the reasons why the council is satisfied that the variation is\na minor variation.\n\nMinor variation of national environment protection measures Division 3.2A\n(3) A minor variation of a national environment protection measure is a\nnotifiable instrument.\n","sortOrder":25},{"sectionNumber":"21B","sectionType":"section","heading":"Public consultation for minor variation","content":"21B Public consultation for minor variation\n(1) Before making a minor variation to a national environment protection\nmeasure, the council must publish a notice—\n(a) stating how the draft of the proposed variation and the\nexplanatory statement may be obtained; and\n(b) inviting submissions to the council on the proposed variation, or\non the explanatory statement, within a stated period.\n(b) in each participating State or Territory concerned—also be\npublished, on at least 1 day during the month when the\n(3) The period stated in each notice under subsection (1) must end not\nless than 1 month after the day when subsection (2) (b) has been fully\ncomplied with in all participating jurisdictions.\n","sortOrder":26},{"sectionNumber":"21C","sectionType":"section","heading":"Council to have regard to submissions etc","content":"21C Council to have regard to submissions etc\nIn making a minor variation to a national environment protection\nmeasure, the council must have regard to—\n(a) any submissions it receives that relate to the proposed variation\nor the explanatory statement; and\n(b) whether the measure is consistent with section 3 of the\nagreement; and\n\nDivision 3.3 Assessment and reporting on implementation and effectiveness of\n(c) relevant international agreements to which Australia is a party;\nand\n(d) any regional environmental differences in Australia.\nDivision 3.3 Assessment and reporting on\nimplementation and effectiveness of\n","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Report by Minister on implementation and effectiveness","content":"22 Report by Minister on implementation and effectiveness\nof measures\n(1) The Minister of the Australian Capital Territory who is a member of\nthe council is, after each reporting year of the council, to prepare a\nreport on the implementation of national environment protection\nmeasures during that year by the Australian Capital Territory and the\neffectiveness of those measures.\n(2) A report under subsection (1) must be submitted to the council by the\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"September next following each reporting year.","content":"30 September next following each reporting year.\n(3) In this section:\nreporting year means a year ending on 30 June.\n","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Annual report of council","content":"23 Annual report of council\n(1) The council must, as soon as practicable after 30 September in each\nyear, prepare a report of its operations during the year ended on the\npreceding 30 June.\n(2) A report prepared under subsection (1) must include—\n(a) a copy of the report the council receives under section 22 and\ncopies of the reports for the year that it receives from the\nCommonwealth, other Territory and State Ministers under\ncorresponding legislation; and\n\nAssessment and reporting on implementation and effectiveness of\nDivision 3.3\n(b) the council’s overall assessment of the implementation and\neffectiveness of national environment protection measures\nhaving regard to all of the reports referred to in paragraph (a).\n(3) A copy of the report is to be presented to the Legislative Assembly\nnot more than 7 sitting days after the council has formally adopted\nthe report.\n\n","sortOrder":30},{"sectionNumber":"Part 4","sectionType":"part","heading":"Meetings of council and establishment and meetings of its committees","content":"Part 4 Meetings of council and establishment and meetings of its committees\nPart 4 Meetings of council and\nestablishment and meetings of\nits committees\n","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Convening of meetings","content":"24 Convening of meetings\nThe chairperson—\n(a) may, at any time, convene a meeting of the council; and\n(b) must convene a meeting of the council when requested to do so\nin writing signed by at least 2/3 of the members.\n","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Procedure at meetings","content":"25 Procedure at meetings\n(1) The chairperson is to preside at all meetings at which the chairperson\nis present.\n(2) If the chairperson is not present at a meeting, the members present are\nto elect 1 of their number to preside.\n(3) The council is to keep minutes of each meeting.\n(4) Subject to this division, the council may regulate the conduct of the\nproceedings at its meetings as it thinks fit.\n26 Quorum\nAt a meeting, 2/3 of the members constitute a quorum.\n","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Voting at meetings","content":"27 Voting at meetings\n(1) At a meeting, a decision of the council must be supported by the votes\nof at least 2/3 of the members, whether present or not.\n(2) The member presiding at a meeting of the council has a deliberative\nvote only.\n\nMeetings of council and establishment and meetings of its committees Part 4\nCommittees of council Division 4.2\n","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"NEPC committee","content":"28 NEPC committee\n(1) There is established by this section a committee known as the\nNational Environment Protection Council Committee.\n(2) The NEPC committee consists of the following members:\n(a) the NEPC executive officer;\n(b) a nominee of each member of the council, being an official of\nthe Commonwealth, a State or a Territory, as the case requires.\n(3) The president of the Australian Local Government Association may\nnominate a person who is entitled to attend and be heard at any\nmeeting of the NEPC committee but who is not entitled to vote at any\nsuch meeting.\n","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"Chairperson of NEPC committee","content":"29 Chairperson of NEPC committee\nThe nominee of the chairperson of the council is to be chairperson of\nthe NEPC committee.\n30 Procedures of NEPC committee\n(1) Meetings of the NEPC committee are to be convened at the request\nof the council or by the chairperson of the committee in accordance\nwith procedures determined by the council.\n(2) The procedures to be followed at a meeting of the NEPC committee\nare to be determined by the committee.\n","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Functions of NEPC committee","content":"31 Functions of NEPC committee\nThe functions of the NEPC committee are to assist and advise the\ncouncil in the exercise of its functions and powers.\n\nPart 4 Meetings of council and establishment and meetings of its committees\n","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Other committees","content":"32 Other committees\n(1) The council may establish other committees to assist the council in\ndeveloping national environment protection measures (including\nassistance on specified issues).\n(2) The functions, membership and procedures of such other committees\nare to be determined by the council.\n","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Withdrawal from agreement","content":"33 Withdrawal from agreement\n(1) If a State or Territory ceases to be a participating State or participating\nTerritory—\n(a) the member of the NEPC committee nominated by the Premier\nof the State or Chief Minister of the Territory ceases to be a\nmember of the NEPC committee; and\n(b) a member of any other committee who represents the State or\nTerritory ceases to be a member of that other committee.\n(2) If the Australian Local Government Association ceases to be a party\nto the agreement, the person nominated by the association to attend\nand be heard at meetings of the NEPC committee ceases to be entitled\nso to attend and be heard.\n\nNEPC service corporation Division 5.1\n","sortOrder":39},{"sectionNumber":"Part 5","sectionType":"part","heading":"NEPC service corporation, NEPC","content":"Part 5 NEPC service corporation, NEPC\nexecutive officer and staff\n","sortOrder":40},{"sectionNumber":"34","sectionType":"section","heading":"NEPC service corporation","content":"34 NEPC service corporation\n(1) The NEPC service corporation is the corporation with perpetual\nsuccession constituted by the Commonwealth Act, section 35.\n(2) The service corporation—\n(a) may acquire, hold and dispose of real and personal property; and\n(b) may sue and be sued.\n(3) The seal of the service corporation is to be kept in such custody as the\ncouncil directs and is not to be used except in the circumstances\nauthorised by the council.\n","sortOrder":41},{"sectionNumber":"35","sectionType":"section","heading":"Functions of service corporation","content":"35 Functions of service corporation\nThe functions of the service corporation are—\n(a) to provide assistance and support to the council, the NEPC\ncommittee and any other committee established under\nsection 32; and\n(b) to provide assistance and support to other ministerial councils as\ndirected by the council; and\n(c) to do anything incidental or conducive to the exercise of the\nfunction mentioned in paragraph (a) or (b).\n\n","sortOrder":42},{"sectionNumber":"36","sectionType":"section","heading":"Powers of service corporation","content":"36 Powers of service corporation\n(1) The service corporation has power to do all things that are necessary\nor convenient to be done for or in connection with the exercise of the\nfunctions of the corporation and, in particular, has power—\n(a) to enter into contracts; and\n(b) to lease the whole or any part of land or a building for the\npurposes of the corporation; and\n(c) to occupy, use and control any land or building owned or held\nunder lease by the Commonwealth and made available for the\npurposes of the corporation; and\n(d) to acquire, hold and dispose of personal property; and\n(e) to accept gifts, devises and bequests made to the corporation,\nwhether on trust or otherwise, and to act as trustee of money or\nother property vested in the corporation on trust; and\n(f) to do anything incidental to any of the powers of the corporation.\n(2) Despite anything contained in this Act, any money or property vested\nin the corporation on trust must be dealt with in accordance with the\npowers and duties of the corporation as trustee.\n(3) The corporation has power to exercise any of its functions in\ncooperation with the Commonwealth, a State or a Territory, with an\nauthority of the Commonwealth or of a State or a Territory or with a\nlocal government body.\n","sortOrder":43},{"sectionNumber":"37","sectionType":"section","heading":"Contracts and leases","content":"37 Contracts and leases\nThe service corporation must not, without the written approval of the\ncouncil—\n(a) enter into a contract involving the payment or receipt of an\namount exceeding $250 000 or, if a higher amount is prescribed\nunder the Commonwealth Act, section 38, that higher amount;\nand\n\nNEPC executive officer Division 5.2\n(b) take any land or buildings on lease for a period exceeding\n3 years.\n","sortOrder":44},{"sectionNumber":"38","sectionType":"section","heading":"NEPC executive officer","content":"38 NEPC executive officer\n(1) There is to be a NEPC Executive Officer.\n(2) The NEPC executive officer is to be appointed by the council.\n(3) The NEPC executive officer is to be appointed for such period, not\nexceeding 5 years, as is specified in the instrument of appointment,\nbut is eligible for reappointment.\n","sortOrder":45},{"sectionNumber":"39","sectionType":"section","heading":"NEPC executive officer to control service corporation","content":"39 NEPC executive officer to control service corporation\n(1) The affairs of the service corporation are, subject to section 40, to be\nconducted by the NEPC executive officer.\n(2) All acts and things done in the name of, or on behalf of, the service\ncorporation by or with the council of the NEPC executive officer are\ntaken to have been done by the corporation.\n","sortOrder":46},{"sectionNumber":"40","sectionType":"section","heading":"NEPC executive officer to act in accordance with council","content":"40 NEPC executive officer to act in accordance with council\ndirections\n(1) The council may, by notice in writing given to the NEPC executive\nofficer, give directions to the executive officer with respect to the\nconduct of the affairs of the service corporation.\n(2) The NEPC executive officer must comply with a direction given\nunder subsection (1).\n\n","sortOrder":47},{"sectionNumber":"41","sectionType":"section","heading":"Remuneration and allowances","content":"41 Remuneration and allowances\n(1) The NEPC executive officer is to be paid such remuneration as is\ndetermined by the remuneration tribunal of the Commonwealth in\naccordance with the law of the Commonwealth, but, if no\ndetermination of that remuneration is in force, is to be paid such\nremuneration as is determined in writing by the council.\n(2) The NEPC executive officer is to be paid such allowances as are\ndetermined by the council.\n(3) Remuneration and allowances payable to the NEPC executive officer\nunder this section are to be paid out of the money of the service\ncorporation referred to in section 54.\n(4) This section, other than subsection (3), has effect subject to the\nRemuneration Tribunal Act 1973 (Cwlth).\n","sortOrder":48},{"sectionNumber":"42","sectionType":"section","heading":"Leave of absence","content":"42 Leave of absence\n(1) The NEPC executive officer has such recreation leave entitlements as\nare determined by the remuneration tribunal of the Commonwealth in\naccordance with the law of the Commonwealth.\n(2) The council may grant the NEPC executive officer leave of absence\nother than recreation leave, on such terms and conditions as to\nremuneration or otherwise as the council determines.\n","sortOrder":49},{"sectionNumber":"43","sectionType":"section","heading":"Resignation","content":"43 Resignation\nThe NEPC executive officer may resign their office by written notice\nsigned by the officer and given to the chairperson of the council.\n","sortOrder":50},{"sectionNumber":"44","sectionType":"section","heading":"Termination of office","content":"44 Termination of office\n(1) The council may terminate the appointment of the NEPC executive\nofficer because of misbehaviour or physical or mental incapacity.\n\nNEPC executive officer Division 5.2\n(2) The council must terminate the NEPC executive officer’s\nappointment if the officer—\n(a) engages in paid employment outside the duties of their office\nwithout the approval of the council;\n(b) is absent from duty, except on leave of absence, for\n14 consecutive days or 28 days in any 12 months;\n(c) becomes bankrupt or personally insolvent; or\n(d) contravenes section 40 (2) without reasonable excuse.\n","sortOrder":51},{"sectionNumber":"45","sectionType":"section","heading":"Terms and conditions not provided for by Act","content":"45 Terms and conditions not provided for by Act\nThe NEPC executive officer holds office on such terms and\nconditions (if any) in relation to matters not provided for by this Act\nas are determined by the council from time to time.\n","sortOrder":52},{"sectionNumber":"46","sectionType":"section","heading":"Acting NEPC executive officer","content":"46 Acting NEPC executive officer\nThe council may appoint a person to act as the NEPC executive\nofficer—\n(a) during a vacancy in the office of NEPC executive officer,\nwhether or not an appointment has previously been made to the\noffice; or\n(b) during any period, or during all periods, when the NEPC\nexecutive officer is absent from Australia or, for any reason,\nis unable to exercise the functions of their office.\n","sortOrder":53},{"sectionNumber":"47","sectionType":"section","heading":"Powers and functions of acting NEPC executive officer","content":"47 Powers and functions of acting NEPC executive officer\nA person acting in the office of NEPC executive officer—\n(a) has, and may exercise, all the powers of the executive officer;\nand\n(b) may exercise any of the functions of the executive officer; and\n\n","sortOrder":54},{"sectionNumber":"Div 5","sectionType":"division","heading":"3 Staff of service corporation and consultants","content":"Division 5.3 Staff of service corporation and consultants\n(c) is to be taken to be the executive officer for the purpose of any\nreference to the executive officer in any other law.\nDivision 5.3 Staff of service corporation and\nconsultants\n","sortOrder":55},{"sectionNumber":"48","sectionType":"section","heading":"Australian public service staff of service corporation","content":"48 Australian public service staff of service corporation\n(1) Subject to this division, staff of the service corporation are to be\npersons appointed or employed under the Public Service Act 1999\n(Cwlth).\n(2) The NEPC executive officer may exercise the powers given by the\nCommonwealth Act, section 49 (2) and (3).\n","sortOrder":56},{"sectionNumber":"49","sectionType":"section","heading":"Non-public service staff of service corporation","content":"49 Non-public service staff of service corporation\n(1) In addition to the staff referred to in section 48 (1), the service\ncorporation may employ persons, under written agreements, for the\nexercise of any of the functions or powers of the corporation.\n(2) The terms and conditions of employment of persons employed under\nsubsection (1) are such as the corporation determines from time to\ntime.\n","sortOrder":57},{"sectionNumber":"50","sectionType":"section","heading":"Staff seconded to service corporation","content":"50 Staff seconded to service corporation\n(1) The service corporation may make arrangements for the services of\nofficers and employees of departments of the Australian Public\nService, and of authorities of the Commonwealth, to be made\navailable to the corporation in connection with the exercise of any of\nthe functions or powers of the corporation.\n(2) The service corporation may make arrangements with an officer or\nauthority of a State or Territory, under which the State or Territory or\nthe authority makes officers or employees available to the corporation\nto perform services in connection with the exercise of any of the\nfunctions or powers of the corporation.\n\nStaff of service corporation and consultants Division 5.3\n","sortOrder":58},{"sectionNumber":"51","sectionType":"section","heading":"Consultants","content":"51 Consultants\n(1) The service corporation may engage persons with suitable\nqualifications and experience as consultants.\n(2) The terms and conditions of engagement of consultants are such as\nthe corporation determines from time to time.\n\n","sortOrder":59},{"sectionNumber":"52","sectionType":"section","heading":"Payments to service corporation by Territory","content":"52 Payments to service corporation by Territory\n(1) There is payable to the service corporation such money as is\nappropriated by the Legislative Assembly for the purposes of the\ncorporation.\n(2) The Treasurer may give directions about the amounts in which, and\nthe times at which, money payable under subsection (1) is to be paid\nto the corporation.\n","sortOrder":60},{"sectionNumber":"53","sectionType":"section","heading":"Payments to service corporation by Commonwealth and","content":"53 Payments to service corporation by Commonwealth and\nother States and Territories\nThe service corporation may receive money paid to it by the\nCommonwealth or by another Territory or State.\n","sortOrder":61},{"sectionNumber":"54","sectionType":"section","heading":"Money of service corporation","content":"54 Money of service corporation\nThe money of the service corporation consists of—\n(a) money paid to the corporation under section 52; and\n(b) money received by the corporation under section 53; and\n(c) any other money paid to the corporation.\n","sortOrder":62},{"sectionNumber":"55","sectionType":"section","heading":"Application of money of service corporation","content":"55 Application of money of service corporation\nThe money of the service corporation is to be applied only—\n(a) in payment or discharge of the costs, expenses and other\nobligations incurred by the corporation in the exercise of its\nfunctions and powers (including costs and expenses incurred by\nthe corporation on behalf of the council or a committee of the\ncouncil); and\n(b) in payment of any remuneration or allowances payable under\nthis Act; and\n\nFinance Part 6\n(c) in providing, or paying for, any other benefits that are authorised\nunder this Act.\n","sortOrder":63},{"sectionNumber":"56","sectionType":"section","heading":"Estimates","content":"56 Estimates\n(1) The NEPC executive officer is to prepare estimates, in such form as\nthe council directs, of the service corporation’s receipts and\nexpenditure for each financial year and, if the council so directs, for\nany other period specified by the council.\n(2) The executive officer must submit estimates so prepared to the\ncouncil not later than such date as the council directs.\n(3) Except with the consent of the council, the money of the corporation\nmust not be spent otherwise than in accordance with estimates of\nexpenditure approved by the council.\n(4) A direction, consent or approval for this section is to be given by\nresolution of the council carried in accordance with section 27.\n","sortOrder":64},{"sectionNumber":"58","sectionType":"section","heading":"Special provisions relating to reports etc prepared under","content":"58 Special provisions relating to reports etc prepared under\nthe Public Governance, Performance and Accountability\nAct 2013\n(1) A report prepared by the service corporation under the Public\nGovernance, Performance and Accountability Act 2013 (Cwlth),\nsection 46 must also contain such other information as is required by\nthe council to be included in the report.\n(2) A copy of each report and of each set of financial statements given to\nthe Commonwealth Minister under the Public Governance,\nPerformance and Accountability Act 2013 (Cwlth), section 46 must\nalso be given to each of the other members of the council as soon as\npracticable after the end of the financial year to which they relate.\n\n","sortOrder":65},{"sectionNumber":"59","sectionType":"section","heading":"Powers and functions conferred under corresponding","content":"59 Powers and functions conferred under corresponding\nlegislation\nThe council, each committee of the council, the NEPC service\ncorporation and the NEPC executive officer have, in addition to the\npowers and functions conferred on them by this Act, such powers and\nfunctions as are conferred on them by the Act of each other\nparticipating jurisdiction that corresponds to this Act.\n","sortOrder":66},{"sectionNumber":"60","sectionType":"section","heading":"Delegation by council","content":"60 Delegation by council\n(1) The council may, by resolution, delegate all or any of its functions\nand powers conferred by this Act (other than its powers under\nsection 13, section 19 and section 62) to the NEPC committee, the\nservice corporation or the NEPC executive officer.\n(2) A delegation under this section may be varied or revoked by\nresolution of the council (whether or not constituted by the persons\nconstituting the council at the time when the power or function was\ndelegated).\n","sortOrder":67},{"sectionNumber":"61","sectionType":"section","heading":"Acts done by council","content":"61 Acts done by council\n(1) A certificate that—\n(a) purports to be signed by a member of the council, or by the\nNEPC executive officer; and\n(b) states that the council has done any act or thing or formed any\nopinion;\nis, on mere production, receivable as evidence that the council has\ndone the act or thing or formed the opinion.\n(2) An act or thing done by the council (whether by resolution,\ninstrument or otherwise) does not cease to have effect merely because\nof a change in the council’s membership.\n\nMiscellaneous Part 7\n","sortOrder":68},{"sectionNumber":"62","sectionType":"section","heading":"Regulation-making power","content":"62 Regulation-making power\nThe Executive may, on the recommendation of the council,\nmake regulations for this Act.\n","sortOrder":69},{"sectionNumber":"63","sectionType":"section","heading":"Review of operation of Act","content":"63 Review of operation of Act\n(1) The council must cause a review of—\n(a) the operation of this Act and the Act of each other participating\njurisdiction that corresponds to this Act; and\n(b) the extent to which the object set out in section 3 of each such\nAct has been achieved;\nto be undertaken as soon as possible after the 5th anniversary of the\ncommencement of that corresponding Act of the Commonwealth.\n(2) The report of the review is to be presented to the Legislative\nAssembly within 12 months after the 5th anniversary of that\ncommencement.\n(3) As soon as possible after the end of every 5 year period following the\nreview under subsection (1), the council must cause a further review\nof the kind set out in subsection (1) to be undertaken.\n(4) The report of each further review is to be presented to the Legislative\nAssembly within 12 months after the end of the period to which it\nrelates.\n\n","sortOrder":70},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Intergovernmental agreement","content":"Schedule 1 Intergovernmental agreement\non the environment\n(see dict, def agreement)\nAN AGREEMENT made the 1st day of May one thousand nine hundred and\nninety two\nBETWEEN\nTHE COMMONWEALTH OF AUSTRALIA of the first part,\nTHE STATE OF NEW SOUTH WALES of the second part,\nTHE STATE OF VICTORIA of the third part,\nTHE STATE OF QUEENSLAND of the fourth part,\nTHE STATE OF WESTERN AUSTRALIA of the fifth part,\nTHE STATE OF SOUTH AUSTRALIA of the sixth part,\nTHE STATE OF TASMANIA of the seventh part,\nTHE AUSTRALIAN CAPITAL TERRITORY of the eighth part,\nTHE NORTHERN TERRITORY OF AUSTRALIA of the ninth part,\nTHE AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION of the tenth\npart.\nWHEREAS\nOn 31 October 1990, Heads of Government of the Commonwealth, States and\nTerritories of Australia, and representatives of Local Government in Australia,\nmeeting at a Special Premiers’ Conference held in Brisbane, agreed to develop\nand conclude an Intergovernmental Agreement on the Environment to provide a\nmechanism by which to facilitate:\n* a cooperative national approach to the environment;\n* a better definition of the roles of the respective governments;\n* a reduction in the number of disputes between the Commonwealth and\nthe States and Territories on environment issues;\n* greater certainty of Government and business decision making; and\n* better environment protection;\n\nAND WHEREAS the Parties to this Agreement\nACKNOWLEDGE the important role of the Commonwealth and the States in\nrelation to the environment and the contribution the States can make in the\ndevelopment of national and international policies for which the Commonwealth\nhas responsibilities;\nRECOGNISE that environmental concerns and impacts respect neither physical\nnor political boundaries and are increasingly taking on interjurisdictional,\ninternational and global significance in a way that was not contemplated by those\nwho framed the Australian Constitution;\nRECOGNISE that the concept of ecologically sustainable development including\nproper resource accounting provides potential for the integration of\nenvironmental and economic considerations in decision making and for\nbalancing the interests of current and future generations;\nRECOGNISE that it is vital to develop and continue land use programs and co-\noperative arrangements to achieve sustainable land use and to conserve and\nimprove Australia’s biota, and soil and water resources which are basic to the\nmaintenance of essential ecological processes and the production of food, fibre\nand shelter;\nACKNOWLEDGE that the efficiency and effectiveness of administrative and\npolitical processes and systems for the development and implementation of\nenvironmental policy in a Federal system will be a direct function of: —\n(i) the extent to which roles and responsibilities of the different levels of\nGovernment can be clearly and unambiguously defined;\n(ii) the extent to which duplication of functions between different levels of\nGovernment can be avoided;\n(iii) the extent to which the total benefits and costs of decisions to the\ncommunity are explicit and transparent;\n(iv) the extent to which effective processes are established for co-operation\nbetween governments on environmental issues; and\n\n(v) the extent to which responsible Governments are clearly accountable to\nthe electorate for the development and implementation of policy; and\nACKNOWLEDGE that in the development and implementation of\nenvironmental policy it is necessary to accommodate the regional environmental\ndifferences which occur within Australia;\nTHE PARTIES AGREE AS FOLLOWS:\nSECTION 1 — APPLICATION AND INTERPRETATION\n1.1 “Commonwealth” means the Commonwealth of Australia.\n1.2 “States” means a State or Territory named as a party to this Agreement.\n1.3 “Local Government” means a Local Government body established by or\nunder a law of a State other than a body the sole or principal function of\nwhich is to provide a particular service (such as the supply of electricity\nor water).\n1.4 “Australian Local Government Association” means the Federation of\nState-wide Local Government Associations of the States, constituted by\nLocal Government bodies.\n1.5 A reference in this Agreement to the words “give full faith and credit” to\nthe results of mutually approved or accredited systems, practices,\nprocedures or processes, means that the Commonwealth and the States\nacting in accordance with the laws in force in their jurisdictions, will\naccept and rely on the outcomes of that system or the practices,\nprocedures or processes, as the case may be, as a basis for their decision\nmaking. In making the decision to accredit a system or practices,\nprocedures or processes, the Commonwealth or the States may make\nprovision for how unforeseeable circumstances or flawed execution may\nbe taken into account. A decision to accept and rely on the outcome does\nnot preclude the Commonwealth or the States taking factors into account\nin their decision making, other than those dealt with in that system or\nthose practices, procedures or processes.\n\n1.6 A reference to a Ministerial Council in this Agreement is a reference not\nto the Ministerial Council as such but to the Australian members of that\nCouncil acting separately from that Council pursuant to this Agreement.\n1.7 Commonwealth responsibilities under this Agreement include ensuring\nadherence as far as practicable within the External Territories and the\nJervis Bay Territory.\n1.8 Any matters under this Agreement which are the responsibility of the\nNorfolk Island Assembly under the Norfolk Island Act 1979 will be\nreferred by the Commonwealth to the Norfolk Island Government for its\nconsideration.\n1.9 In relation to each of its external Territories and the Territory of Jervis\nBay, the Commonwealth has, subject to paragraphs 1.7 and 1.8 the same\nresponsibilities and interests as each State has in relation to that State\nunder paragraph 2.3.\n1.10 Section 2.2.3 of this Agreement should be read subject to the Australian\nCapital Territory (Planning and Land Management) Act 1988.\n1.11 The Commonwealth, the States and the Australian Local Government\nAssociation acknowledge that while the Association is a party to this\nAgreement, it cannot bind local government bodies to observe the terms\nof this Agreement. However in view of the responsibilities and interests\nof local government in environmental matters and in recognition of the\npartnership established between the three levels of government by the\nSpecial Premiers Conference process, the Commonwealth and the States\nhave included the Australian Local Government Association as a party to\nthis Agreement and included references in the Agreement to local\ngovernment and all levels of government.\n1.12 The States will consult with and involve Local Government in the\napplication of the principles and the discharge of responsibilities\ncontained in this Agreement to the extent that State statutes and\nadministrative arrangements authorise or delegate responsibilities to\nLocal Government, and in a manner which reflects the concept of\npartnership between the Commonwealth, State and Local Governments.\n\n1.13 Questions of interpretation of this Agreement are to be raised in the first\ninstance in the appropriate Ministerial Council(s) after consultation by the\nChair of the Ministerial Council with the President of the Australian Local\nGovernment Association where appropriate. Where these mechanisms do\nnot resolve the interpretation, the matter will be dealt with by reference\nfrom the Ministerial Council(s) to First Ministers.\nSECTION 2 — ROLES OF THE PARTIES — RESPONSIBILITIES AND\nINTERESTS\n2.1 RESPONSIBILITIES AND INTERESTS OF ALL PARTIES\n2.1.1 The following will guide the parties in defining the roles, responsibilities\nand interests of all levels of Government in relation to the environment\nand in particular in determining the content of Schedules to this\nAgreement.\n2.2 RESPONSIBILITIES AND INTERESTS OF THE\nCOMMONWEALTH\n2.2.1 The responsibilities and interests of the Commonwealth in safeguarding\nand accommodating national environmental matters include:\n(i) matters of foreign policy relating to the environment and, in\nparticular, negotiating and entering into international agreements\nrelating to the environment and ensuring that international\nobligations relating to the environment are met by Australia;\n(ii) ensuring that the policies or practices of a State do not result in\nsignificant adverse external effects in relation to the environment\nof another State or the lands or territories of the Commonwealth\nor maritime areas within Australia’s jurisdiction (subject to any\nexisting Commonwealth legislative arrangements in relation to\nmaritime areas).\n\n(iii) facilitating the co-operative development of national\nenvironmental standards and guidelines as agreed in Schedules to\nthis Agreement.\n2.2.2 When considering its responsibilities and interests under paragraph\n2.2.1(ii), the Commonwealth will have regard to the role of the States in\ndealing with significant adverse external effects as determined in 2.5.5 of\nthis Agreement, and any action taken pursuant to 2.5.5.\n2.2.3 The Commonwealth has responsibility for the management (including\noperational policy) of living and non-living resources on land which the\nCommonwealth owns or which it occupies for its own use.\n2.3 RESPONSIBILITIES AND INTERESTS OF THE STATES\n2.3.1 Each State will continue to have responsibility for the development and\nimplementation of policy in relation to environmental matters which have\nno significant effects on matters which are the responsibility of the\nCommonwealth or any other State.\n2.3.2 Each State has responsibility for the policy, legislative and administrative\nframework within which living and non living resources are managed\nwithin the State.\n2.3.3 The States have an interest in the development of Australia’s position in\nrelation to any proposed international agreements (either bilateral or\nmultilateral) of environmental significance which may impact on the\ndischarge of their responsibilities.\n2.3.4 The States have an interest and responsibility to participate in the\ndevelopment of national environmental policies and standards.\n2.4 RESPONSIBILITIES AND INTERESTS OF LOCAL GOVERNMENT\n2.4.1 Local Government has a responsibility for the development and\nimplementation of locally relevant and applicable environmental policies\nwithin its jurisdiction in co-operation with other levels of Government\nand the local community.\n2.4.2 Local Government units have an interest in the environment of their\nlocalities and in the environments to which they are linked.\n\n2.4.3 Local Government also has an interest in the development and\nimplementation of regional, Statewide and national policies, programs\nand mechanisms which affect more than one Local Government unit.\n2.5 ACCOMMODATION OF INTERESTS\n2.5.1 Between the States and the Commonwealth\n2.5.1.1 Where there is a Commonwealth interest in an environmental matter\nwhich involves one or more States, that interest will be accommodated as\nfollows:\n(i) the Commonwealth and the affected States will cooperatively set\noutcomes or standards and periodically review progress in\nmeeting those standards or achieving those outcomes; or\n(ii) where outcomes or standards are impractical or inappropriate, the\nCommonwealth may approve or accredit a State’s practices,\nprocedures, and processes; or\n(iii) where the Commonwealth does not agree that State practices,\nprocedures or processes are appropriate, the Commonwealth and\nthe States concerned will endeavour to agree to modification of\nthose practices, procedures and processes to meet the needs of\nboth the Commonwealth and the States concerned;\n(iv) where agreement is reached between the Commonwealth and a\nState under (iii) the Commonwealth will approve or accredit that\nState practice, procedure or process.\n2.5.1.2 Where it has approved or accredited practices, procedures or processes\nunder 2.5.1.1 the Commonwealth will give full faith and credit to the\nresults of such practices, procedures and processes when exercising\nCommonwealth responsibilities.\n2.5.1.3 Where a State considers that its interests can be accommodated by\napproving or accrediting Commonwealth practices, procedures or\nprocesses, or an agreed modified form of those practices, procedures or\nprocesses, a State may enter into arrangements with the Commonwealth\nfor that purpose.\n\n2.5.1.4 Where a State has approved or accredited practices, procedures or\nprocesses under 2.5.1.3 that State will give full faith and credit to the\nresults of such practices, procedures or processes when exercising State\nresponsibilities.\n2.5.1.5 The Commonwealth and the States note that decisions on major\nenvironmental issues taken at one level of government may have\nsignificant financial implications for other levels of government and\nagree that consideration will be given to these implications where they\nare major or outside the normal discharge of legislative or administrative\nresponsibilities of the level of government concerned.\n2.5.1.6 Clause 2.5.1.5 applies to each of the Schedules to this Agreement.\n2.5.2 International Agreements\n2.5.2.1 The parties recognise that the Commonwealth has responsibility for\nnegotiating and entering into international agreements concerning the\nenvironment. The Commonwealth agrees to exercise that responsibility\nhaving regard to this Agreement and the Principles and Procedures for the\nCommonwealth-State Consultation on Treaties as agreed from time to\ntime. In particular, the Commonwealth will consult with the States in\naccordance with the Principles and Procedures, prior to entering into any\nsuch international agreements.\n2.5.2.2 The Commonwealth will, where a State interest has become apparent\npursuant to the Principles and Procedures and subject to the following\nprovisions not being allowed to result in unreasonable delays in the\nnegotiation, joining or implementation of international agreements:\n(i) notify and consult with the States at the earliest opportunity on\nany proposals for the development or revision of international\nagreements which are relevant to Australia and which relate to the\nenvironment and will take into account the views of the States in\nformulating Australian policy, including consultation on issues\nrelating to roles, responsibilities and costs;\n\n(ii) when requested, include in appropriate cases, a representative or\nrepresentatives of the States on Australian delegations negotiating\ninternational agreements related to the environment. Any such\nrepresentation will be subject to the approval of the Minister for\nForeign Affairs and Trade, and will, unless otherwise agreed, be\nat the expense of the States;\n(iii) prior to ratifying or acceding to, approving or accepting any\ninternational agreement with environmental significance, consult\nthe States in an effort to secure agreement on the manner in which\nthe obligations incurred should be implemented in Australia,\nconsistent with the roles and responsibilities established pursuant\nto this Agreement.\n2.5.2.3 The States will establish and advise the Commonwealth on the\nappropriate channels of communication, and persons responsible for\nconsultation, to ensure that the Commonwealth can discharge its\ninternational responsibilities in a timely manner.\n2.5.2.4 When ratifying, or acceding to, approving or accepting any international\nagreement with environmental significance, the Commonwealth will\nconsider, on a case by case basis, making the standard Federal Statement\non ratification, accession, approval or acceptance.\n2.5.3 Mechanisms for Determining Commonwealth Interests\n2.5.3.1 Where a State wishes to determine whether or not an environmental\nmatter in that State will involve the interests of the Commonwealth and\nis not covered by any established processes, that State may request the\nCommonwealth to indicate whether that matter is a matter of\nCommonwealth interest.\n\n2.5.3.2 On receipt of a request from a State, the Commonwealth will consult with\nthat State. If the Commonwealth requires further information it will seek\nsuch information within six weeks. The Commonwealth will, as soon as\npossible, or in any event within eight weeks after receipt of the original\nrequest, or six weeks after the provision of the further information, as the\ncase may be, notify the State whether or not it considers that the matter\ndoes involve Commonwealth interests. If it does involve Commonwealth\ninterests, the Commonwealth will notify all other States of the basis and\nscope of its interest.\n2.5.3.3 Where the Commonwealth wishes to determine whether or not a State\nagrees that an environmental matter in that State involves the interests of\nthe Commonwealth, it may seek advice from the State concerned and the\nState and the Commonwealth will, if necessary, enter into discussions on\nthe matter within four weeks after the State receives the request for\nadvice.\n2.5.3.4 The Commonwealth and the States recognise the importance of\nresponding to requests made under 2.5.3.1 and 2.5.3.3 in the shortest\npossible time.\n2.5.3.5 Where there is disagreement as to whether or not there is a\nCommonwealth interest in an environmental matter, the Commonwealth\nand the States concerned will use their best endeavours to resolve the\ndisagreement at First Minister level.\n2.5.4 Duplication of Interests\n2.5.4.1 With a view to eliminating functional duplication, wherever the interests\nof a level of Government have been accommodated, the relevant levels of\nGovernment will review the need and justification for retaining any\ncomparable processes or institutions.\n2.5.4.2 Where some duplication or overlap of interests between levels of\ngovernment is unavoidable, the relevant levels of Government will seek\nclear and distinct liaison and consultative procedures, under mechanisms\nto be agreed at First Minister level, such as Ministerial Councils, to\ncoordinate and harmonise actions and to avoid disputes.\n\n2.5.4.3 Any review under clause 2.5.4.1 or liaison and consultation procedures\nunder 2.5.4.2 will be guided by the need to work towards simplicity,\ncertainty and transparency in the mechanisms relevant to the development\nand implementation of environmental policy, consistent with the\nmaintenance of proper environmental protection.\n2.5.5 Between the States\n2.5.5.1 Where the policies, programs, projects, legislation or regulations of a\nState may affect the environment of another State or States, the States\nundertake to provide timely notification to any affected State, and\nappropriate consultation in relation to those policies, programs, projects,\nlegislation or regulations.\n2.5.5.2 Wherever significant adverse external effects on another State are\nexpected or identified, the relevant States will use their best endeavours\nto establish appropriate mechanisms for ensuring cooperative\nmanagement.\n2.5.5.3 Where the States are directly and cooperatively involved with the\nmanagement of significant adverse external effects and one or more of\nthe States considers that one or more of the other States are not adequately\ndischarging their management responsibilities, the State or States\nconcerned will endeavour to resolve expeditiously any issue of\ndisagreement or concern.\n2.5.5.4 The States will if necessary determine what mechanism or process should\nbe employed to resolve any disagreement or matter of concern, which\nmechanism or process may include inviting the Commonwealth to assist\nin the resolution of the matter.\n2.5.6 National Interest\nNotwithstanding the particular responsibilities of the Commonwealth in\nsafeguarding and accommodating national environmental matters, the\nparties agree that all levels of Government have a responsibility to ensure\nthat matters of national interest are properly taken into account in their\nactivities.\n\nSECTION 3 — PRINCIPLES OF ENVIRONMENTAL POLICY\n3.1 The parties agree that the development and implementation of\nenvironmental policy and programs by all levels of Government should\nbe guided by the following considerations and principles.\n3.2 The parties consider that the adoption of sound environmental practices\nand procedures, as a basis for ecologically sustainable development, will\nbenefit both the Australian people and environment, and the international\ncommunity and environment. This requires the effective integration of\neconomic and environmental considerations in decision-making\nprocesses, in order to improve community well-being and to benefit\nfuture generations.\n3.3 The parties consider that strong, growing and diversified economies\n(committed to the principles of ecologically sustainable development) can\nenhance the capacity for environmental protection. In order to achieve\nsustainable economic development, there is a need for a country’s\ninternational competitiveness to be maintained and enhanced in an\nenvironmentally sound manner.\n3.4 Accordingly, the parties agree that environmental considerations will be\nintegrated into Government decision-making processes at all levels by,\namong other things:\n(i) ensuring that environmental issues associated with a\nproposed project, program or policy will be taken into\nconsideration in the decision making process;\n(ii) ensuring that there is a proper examination of matters\nwhich significantly affect the environment; and\n(iii) ensuring that measures adopted should be cost-effective\nand not be disproportionate to the significance of the\nenvironmental problems being addressed.\n3.5 The parties further agree that, in order to promote the above approach, the\nprinciples set out below should inform policy making and program\nimplementation.\n\n3.5.1 precautionary principle-\nWhere there are threats of serious or irreversible environmental damage,\nlack of full scientific certainty should not be used as a reason for\npostponing measures to prevent environmental degradation.\nIn the application of the precautionary principle, public and private\ndecisions should be guided by:\n(i) careful evaluation to avoid, wherever practicable, serious\nor irreversible damage to the environment; and\n(ii) an assessment of the risk-weighted consequences of\nvarious options.\n3.5.2 intergenerational equity-\nthe present generation should ensure that the health, diversity and\nproductivity of the environment is maintained or enhanced for the benefit\nof future generations.\n3.5.3 conservation of biological diversity and ecological integrity-\nconservation of biological diversity and ecological integrity should be a\nfundamental consideration.\n3.5.4 improved valuation, pricing and incentive mechanisms-\n* environmental factors should be included in the valuation of\nassets and services\n* polluter pays i.e. those who generate pollution and waste should\nbear the cost of containment, avoidance, or abatement\n* the users of goods and services should pay prices based on the full\nlife cycle costs of providing goods and services, including the use\nof natural resources and assets and the ultimate disposal of any\nwastes\n\n* environment goals, having been established, should be pursued in\nthe most cost effective way, by establishing incentive structures,\nincluding market mechanisms, which enable those best placed to\nmaximise benefits and/or minimise costs to develop their own\nsolutions and responses to environmental problems.\nSECTION 4 — IMPLEMENTATION AND APPLICATION OF PRINCIPLES\n4.1 The Schedules to this Agreement deal with specific areas of\nenvironmental policy and management and form part of this Agreement.\nThe schedules have been prepared and are to be interpreted in accordance\nwith Sections 1, 2 and 3 of this Agreement.\n4.2 Nothing in this Agreement will affect any existing intergovernmental\nagreement between the Commonwealth and a State or States, or between\nthe States, unless alterations or amendments to those agreements are\nproposed in accordance with any existing review process and/or any\nreview process arising as a result of this Agreement.\n4.3 For each particular Schedule included in this Agreement, the\nCommonwealth and the States undertake to nominate an agency or\nMinistry to assume primary responsibility within its jurisdiction for the\nissues covered in the Schedule and to inform the other parties\naccordingly.\n4.4 Where not otherwise provided in the Schedules, existing\nintergovernmental arrangements will be the primary mechanisms for the\ncooperative application of the provisions of this Agreement.\nSECTION 5 — REVIEW\n5.1 The operation of this Agreement will be reviewed every three years by\nthe presentation of a report from the relevant Ministerial Councils to the\nFirst Ministers following consultation by the Chair of the Ministerial\nCouncil with the President of the Australian Local Government\nAssociation.\n\n5.2 The Agreement may be amended and schedules added by agreement of\nall First Ministers. Prior to making amendments in relation to matters\nspecified in this Agreement, or developing any draft schedules, that\ninvolve local government, First Ministers will consult and seek the\nagreement of the President of the Australian Local Government\nAssociation.\nIN WITNESS WHEREOF this agreement has been respectively signed for and\non behalf of the parties as at the day and year first above written.\nSIGNED by the Honourable PAUL JOHN\nKEATING, Prime Minister of the\nCommonwealth of Australia } *Signature omitted\nSIGNED by the Honourable NICHOLAS\nFRANK GREINER, Premier of the State of\nNew South Wales } *Signature omitted\nSIGNED by the Honourable JOAN\nELIZABETH KIRNER, Premier of the\nState of Victoria } *Signature omitted\nSIGNED by the Honourable WAYNE\nKEITH GOSS, Premier of the State of\nQueensland } *Signature omitted\nSIGNED by the Honourable CARMEN\nMARY LAWRENCE, Premier of the State\nof Western Australia } *Signature omitted\nSIGNED by the Honourable JOHN\nCHARLES BANNON, Premier of the State\nof South Australia } *Signature omitted\n\nSIGNED by the Honourable RAYMOND\nJOHN GROOM, Premier of the State of\nTasmania } *Signature omitted\nSIGNED by ROSEMARY FOLLETT\nChief Minister of the Australian Capital\nTerritory } *Signature omitted\nSIGNED by the Honourable MARSHALL BRUCE\nPERRON, Chief Minister of the Northern Territory\nACCEPTANCE OF THE AGREEMENT BY THE\nNORTHERN TERRITORY IS SUBJECT TO THE\nRESERVATIONS SET OUT IN ANNEXURE A OF\nTHIS AGREEMENT\n} *Signature omitted\nSIGNED by Councillor GRAEME BLATCHFORD\nFRECKER, President of the AUSTRALIAN LOCAL\nGOVERNMENT ASSOCIATION } *Signature omitted\n\nSchedule 1 Data collection and handling\n1 The parties agree that the collection, maintenance and integration of\nenvironmental data will assist in efficient and effective environmental\nmanagement and monitoring.\n","sortOrder":71},{"sectionNumber":"2","sectionType":"section","heading":"The development of consistent standards for the description and exchange","content":"2 The development of consistent standards for the description and exchange\nof all land-related information will be coordinated and fostered by the\nAustralian Land Information Council in conjunction with Standards\nAustralia and specialist groups where needed.\n3 In order to avoid overlap and duplication in the collection and\nmaintenance of all land-related data, the Australian Land Information\nCouncil will facilitate the coordination of intergovernmental\narrangements (including appropriate financial arrangements) and provide\nmechanisms to make the data more accessible across all levels of\ngovernment and the private sector. Any arrangements entered into will\ndetail the circumstances in which the exchange and ongoing sharing of\ndata is appropriate. The intergovernmental arrangements will be\nsubmitted to First Ministers for their approval no later than twelve months\nafter the execution of this Agreement.\n4 The collection of data on natural resources should, where possible, be\nintegrated from the outset, in order to avoid the difficulties inherent in\ncollating data collected with different methodologies and in different\nconditions.\n5 The Australian Land Information Council, (through the National\nResources Information Centre and the Environmental Resources\nInformation Network where appropriate) will consult with the relevant\nnational coordination bodies and, through its members, with\nCommonwealth and State jurisdictions, to ensure the development and\nmaintenance of comprehensive directories of natural resource and\nenvironmental spatial datasets and to develop and maintain national\nnatural resource data standards.\n\n","sortOrder":72},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Resource assessment, land","content":"Schedule 2 Resource assessment, land\nuse decisions and approval\nprocesses\n1 The parties agree that the concept of ecologically sustainable\ndevelopment should be used by all levels of Government in the\nassessment of natural resources, land use decisions and approval\nprocesses.\n2 The parties agree that it is the role of government to establish the policy,\nlegislative and administrative framework to determine the permissibility\nof any land use, resource use or development proposal having regard to\nthe appropriate, efficient and ecologically sustainable use of natural\nresources (including land, coastal and marine resources).\n3 The parties agree that policy, legislative and administrative frameworks\nto determine the permissibility of land use, resource use or development\nproposals should provide for—\n(i) the application and evaluation of comparable, high quality\ndata which are available to all participants in the process;\n(ii) the assessment of the regional cumulative impacts of a\nseries of developments and not simply the consideration of\nindividual development proposals in isolation;\n(iii) consideration of the regional implications, where proposals\nfor the use of a resource affect several jurisdictions;\n(iv) consultation with affected individuals, groups and\norganisations;\n(v) consideration of all significant impacts;\n(vi) mechanisms to resolve conflict and disputes over issues\nwhich arise during the process;\n(vii) consideration of any international or national implications.\n\n4 The development and administration of the policy and legislative\nframework will remain the responsibility of the States and Local\nGovernment. The Commonwealth has an interest in ensuring that these\nframeworks meet its responsibilities and interests as set out in this\nAgreement. The Commonwealth will continue to cooperate with the\nStates in agreed programs.\n5 Within the policy, legislative and administrative framework applying in\neach State, the use of natural resources and land, remain a matter for the\nowners of the land or resources, whether they are Government bodies or\nprivate persons.\n6 To ensure that State land and resource use planning processes properly\naddress matters of Commonwealth interest, a State may refer its land and\nresource use planning system and its development approval process to the\nCommonwealth for a preliminary view, as to whether its system or\nprocess can be accredited as accommodating Commonwealth interests. In\nthe event that the Commonwealth is of the view that the processes are\ninadequate to accommodate the Commonwealth interest, then the State\nwill consider whether it wishes to review and modify the systems and\nprocesses and will consult with the Commonwealth on terms of reference\nfor such a review.\n7 A State will consult Local Government where appropriate, when\nundertaking any review of its land and resource use planning systems\nand/or development approval processes pursuant to this Agreement.\n8 Where the Commonwealth has accredited a system or process within a\nState, the Commonwealth will give full faith and credit to the results of\nthat system or process when exercising Commonwealth responsibilities.\n9 Within twelve months of the execution of this Agreement, the parties\nagree to reconsider the matters contained in this Schedule with a view to\nincorporating any relevant findings of the ecologically sustainable\ndevelopment process.\n\n","sortOrder":73},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Environmental impact","content":"Schedule 3 Environmental impact\nassessment\n1 The parties agree that it is desirable to establish certainty about the\napplication, procedures and function of the environmental impact\nassessment process, to improve the consistency of the approach applied\nby all levels of Government, to avoid duplication of process where more\nthan one Government or level of Government is involved and interested\nin the subject matter of an assessment and to avoid delays in the process.\n2 The parties agree that impact assessment in relation to a project,\nprogram or policy should include, where appropriate, assessment of\nenvironmental, cultural, economic, social and health factors.\n3 The parties agree that all levels of Government will ensure that their\nenvironmental impact assessment processes are based on the following:\n(i) the environmental impact assessment process will be\napplied to proposals from both the public and private\nsectors;\n(ii) assessing authorities will provide information to give clear\nguidance on the types of proposals likely to attract\nenvironmental impact assessment and on the level of\nassessment required;\n(iii) assessing authorities will provide all participants in the\nprocess with guidance on the criteria for environmental\nacceptability of potential impacts including the concept of\necologically sustainable development, maintenance of\nhuman health, relevant local and national standards and\nguidelines, protocols, codes of practice and regulations;\n(iv) assessing authorities will provide proposal specific\nguidelines or a procedure for their generation focussed on\nkey issues and incorporating public concern together with\na clear outline of the process;\n\n(v) following the establishment of specific assessment\nguidelines, any amendments to those guidelines will be\nbased only on significant issues that have arisen following\nthe adoption of those guidelines;\n(vi) time schedules for all stages of the assessment process will\nbe set early on a proposal specific basis, in consultations\nbetween the assessing authorities and the proponent;\n(vii) levels of assessment will be appropriate to the degree of\nenvironmental significance and potential public interest;\n(viii) proponents will take responsibility for preparing the case\nrequired for assessment of a proposal and for elaborating\nenvironmental issues which much be taken into account in\ndecisions, and for protection of the environment;\n(ix) there will be full public disclosure of all information\nrelated to a proposal and its environmental impacts, except\nwhere there are legitimate reasons for confidentiality\nincluding national security interests;\n(x) opportunities will be provided for appropriate and adequate\npublic consultation on environmental aspects of proposals\nbefore the assessment process is complete;\n(xi) mechanisms will be developed to seek to resolve conflicts\nand disputes over issues which arise for consideration\nduring the course of the assessment process;\n(xii) the environmental impact assessment process will provide\na basis for setting environmental conditions, and\nestablishing environmental monitoring and management\nprograms (including arrangements for review) and\ndeveloping industry guidelines for application in specific\ncases.\n\n4 A general framework agreement between the Commonwealth and the\nStates on the administration of the environmental impact assessment\nprocess will be negotiated to avoid duplication and to ensure that\nproposals affecting more than one of them are assessed in accordance\nwith agreed arrangements.\n5 The Commonwealth and the States may approve or accredit their\nrespective environmental impact assessment processes either generally\nor for specific purposes. Where such approval or accreditation has been\ngiven, the Commonwealth and the States agree that they will give full\nfaith and credit to the results of such processes when exercising their\nresponsibilities.\n\n","sortOrder":74},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"National environment","content":"Schedule 4 National environment\nGeneral Purpose\n1 The Commonwealth and the States acknowledge that there is benefit to\nthe people of Australia in establishing national environment protection\nstandards, guidelines, goals and associated protocols (hereinafter referred\nto as ‘measures’) with the objectives of ensuring:\n(i) that people enjoy the benefit of equivalent protection from\nair, water and soil pollution and from noise, wherever they\nlive;\n(ii) that decisions by business are not distorted and markets are\nnot fragmented by variations between jurisdictions in\nrelation to the adoption or implementation of major\nenvironment protection measures.\nAny proposed measures must be examined to identify economic and\nsocial impacts and to ensure simplicity, efficiency and effectiveness\nin administration.\nNational Environment Protection Authority\n2 The Commonwealth and the States agree to set up a Ministerial Council\nto be called the National Environment Protection Authority. Each State\nand the Commonwealth will nominate a Minister to be a member of the\nMinisterial Council, with the Commonwealth Minister to chair the\nCouncil and decisions to be made by a two thirds majority of the members\nof the Ministerial Council.\n\n3 The Authority is to be assisted and supported by:\n(i) a standing committee of officials, with one representative\nbeing nominated to the committee by each member of the\nAuthority and an observer nominated by the President of\nthe Australian Local Government Association who will\nseek and present the views of the Association. Each\nmember is entitled to be accompanied by other persons\nwho may be able to assist with the deliberations of the\ncommittee. Members of the committee will ensure that the\nAuthority has access to appropriate scientific and technical\nadvice on environmental matters and on the economic and\nsocial impacts of the matters considered by the Authority;\n(ii) a permanent Executive Officer appointed to a statutory\noffice under the legislation establishing the Authority;\n(iii) appropriate personnel seconded or otherwise provided by\nthe parties to conduct continuing or specialist ad hoc tasks,\nas required by the Authority.\n4 The Authority and the statutory office of Executive Officer is to be\nestablished by agreed Commonwealth legislation and recognised by\nagreed complementary State legislation.\nNational Environment Protection Authority’s Powers and Process\n5 The Authority may establish measures for the protection of the\nenvironment for the benefit of the people of Australia, for:\n(i) ambient air quality;\n(ii) ambient marine, estuarine, and freshwater quality;\n(iii) noise related to protecting amenity where variations in\nmeasures would have an adverse effect on national markets\nfor goods and services;\n(iv) general guidelines for the assessment of site\ncontamination;\n\n(v) the environmental impacts associated with hazardous\nwastes;\n(vi) motor vehicle emissions;\n(vii) the reuse and recycling of used materials;\nand shall monitor and report on their implementation and\neffectiveness.\n6 In determining whether to adopt standards, guidelines or goals, the\nAuthority will consider which is the most effective means to achieve the\nrequired national environmental outcomes. The Authority will also take\ninto account existing intergovernmental mechanisms in relation to such\nmeasures.\n7 The Authority will develop national motor vehicle emission and noise\nstandards in conjunction with the National Road Transport\nCommission.**\n8 The standards, guidelines or goals will be interpreted and applied in\naccordance with agreed protocols on such matters as requirements for\nmonitoring and auditing.\n9 To facilitate effective and timely public consultation, draft measures,\nincluding timetables for implementation where relevant, will be\npublished by the Authority.\n10 Publication of such drafts will be accompanied by an impact statement\nwhich includes-\n(i) the environmental objectives and reasons for the measures\nand the environmental impact of not adopting those\nmeasures;\n(ii) alternatives considered to achieve the desired\nenvironmental objectives and the reasons for their non-\nadoption;\n\n(iii) an assessment of the economic and social impact on the\ncommunity and industry as a result of establishing the\nmeasures;\n(iv) the manner in which any regional environmental\ndifferences in Australia have been addressed in the\ndevelopment of the measures.\n11 The Authority will notify the public of the availability of the draft\nmeasures and the associated impact statement and invite comment\nthereon within a specified time.\n12 When finalising any measures, the Authority will give consideration to\nthe impact statement and any comment received on the draft measures or\nthe impact statement.\n13 The Commonwealth undertakes to table in its Parliament (in accordance\nwith the Commonwealth’s existing practices in relation to delegated\nlegislation) all measures established by the Authority, and to use its best\nendeavours to ensure their acceptance by the Commonwealth Parliament.\n14 The tabling of any measures in the Commonwealth Parliament will be\naccompanied by an impact statement covering the matters referred to in\nclause 10 and a summary of public comment received and the response\nto those comments.\n15 Either House of the Commonwealth Parliament can disallow any measure\nestablished by the Authority within a specified time.\n16 The Commonwealth and the States agree to develop for consideration by\nFirst Ministers under clause 23, legislation which will enable the\nCommonwealth and State Parliaments to authorise the Authority to\nestablish any measures. The legislation will also establish mechanisms\nfor the application of measures in the States. The legislation will ensure\nthat any measures established by the Authority—\n(a) will apply, as from the date of the commencement of the\nmeasure, throughout Australia, as a valid law of each\njurisdiction; and\n\n(b) will, subject to clause 20, replace any existing measures dealing\nwith the same matter.\nImplementation, Enforcement, Impact and Reporting in Relation to National\nMeasures\n17 The Commonwealth and the States will be responsible for the attainment\nand maintenance of agreed national standards or goals and compliance\nwith national guidelines within their respective jurisdictions through\nappropriate mechanisms such as Commonwealth and State environment\nprotection bodies.\n** See Northern Territory reservation at end of document.\n18 The Commonwealth and the States agree to establish a uniform hierarchy\nof offences and related penalty structures to apply to breaches of any\nrequirements applied under any agreed law for the purposes of complying\nwith the standards, guidelines or goals.\n19 The measures established and adopted in accordance with the above\nprocedure will not prevent the Commonwealth or a State from\nintroducing more stringent measures to reflect specific circumstances or\nto protect special environments or environmental values located within\nits jurisdiction provided there has been consultation with the Authority.\n20 Nothing in this Agreement will prevent a State or the Commonwealth\nmaintaining existing more stringent standards which are in effect at the\ndate when the Authority comes into existence.\n21 The Commonwealth and the States will prepare an annual report on the\nmeasures they adopt to attain and maintain the standards, guidelines,\ngoals or protocols established pursuant to this agreement and submit that\nreport by 30 September each year to the Authority.\n22 The Authority will prepare an annual report which includes the reports\nreceived from the Commonwealth and the States. The annual report will\nbe tabled in all Parliaments, through the respective Ministers who are\nmembers of the Authority.\n\nAction to Implement Agreements in the Schedule\n23 Within twelve months of the execution of this Agreement the Working\nGroup on Environmental Policy will, for the consideration of First\nMinisters:\n(i) prepare draft legislation to implement the agreements\nreached in this Schedule; and\n(ii) develop arrangements for consultation with relevant\nCommonwealth and State authorities, the Australian Local\nGovernment Association, and Ministerial Councils.\n24 The Working Group on Environmental Policy will, when submitting the\ndraft legislation to First Ministers, also submit a report on the financial\narrangements necessary to give effect to the agreements set out in this\nSchedule.\n25 Once the legislation referred to in clause 23 has been agreed to by First\nMinisters, the Commonwealth and the States will submit to their\nParliaments, and take such steps as are appropriate to secure the passage\nof, the Bills containing this legislation.\nDefinitions\n26 For the purposes of this Schedule:\n(i) a standard is a quantifiable characteristic of the\nenvironment against which environmental quality is\nassessed. Standards are mandatory.\n(ii) a goal is a desired environmental outcome adopted to guide\nthe formulation of strategies for the management of human\nactivities which may affect the environment.\n(iii) a guideline provides guidance on possible means of\nmeeting desired environmental outcomes. Guidelines are\nnot mandatory.\n\n(iv) a protocol is the description of a process to be followed in\nmeasuring environmental characteristics to determine\nwhether a standard or goal is being achieved or the extent\nof the differential between the measured characteristic and\na standard or goal.\n\n","sortOrder":75},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Climate change","content":"Schedule 5 Climate change\n1 The parties acknowledge the potentially significant impact of greenhouse\nenhanced climate change on Australia’s natural, social and working\nenvironment, as well as on the global community and global\nenvironments. The parties accept and support the need for Australia to\nparticipate in the development of an effective international response to\nmeet the challenge of greenhouse enhanced climate change and note\nAustralia’s participation in the development of an international\nconvention on climate change.\n2 The parties note their endorsement of the decision to adopt an interim\nplanning target to stabilise greenhouse gas emissions (not controlled by\nthe Montreal Protocol on Substances that Deplete the Ozone Layer) based\non 1988 levels, by the year 2000 and reducing these emissions by 20% by\nthe year 2005. The parties reiterate their support, as agreed in\nOctober 1990, for the interim planning target to form the basis of\ndevelopment of the National Greenhouse Response Strategy, subject to\nAustralia not implementing response measures that would have net\nadverse economic impacts nationally or on Australia’s trade\ncompetitiveness, in the absence of similar action by major greenhouse gas\nproducing countries. The parties agree that assessment of the\nimplementation of the National Greenhouse Response Strategy against\nthis agreed objective will be reviewed at Special Premiers’ Conferences.\n3 The parties reiterate that a National Greenhouse Response Strategy based\non the interim planning target must include positive measures for:\n* limiting emissions of all greenhouse gases, not controlled by the\nMontreal Protocol on Substances that Deplete the Ozone Layer;\nand\n* conducting further research; and\n* adapting to the impacts of climate change; and\n* ensuring that the community understands the need for early action\non measures to reduce greenhouse gas emissions.\n\nThe parties also agree that such a strategy should include measures for\nauditing and reporting on national greenhouse gas emissions.\n4 Taking into account regional differences, the parties recognise that\ndevelopment and implementation of the National Greenhouse Response\nStrategy will require coordinated and effective action by all levels of\ngovernment and the community to achieve equitable and ecologically\nsustainable solutions.\n5 The parties agree that First Ministers have ultimate responsibility for\nintergovernmental considerations of and final decisions on the National\nGreenhouse Response Strategy.\n6 To facilitate the preparation of the National Greenhouse Response\nStrategy, the parties agree to establish a National Greenhouse Steering\nCommittee.\n7 The National Greenhouse Steering Committee will have the following\nresponsibilities:\n(i) to facilitate the development and coordination of an overall\nframework for the National Greenhouse Response\nStrategy;\n(ii) to consult with the Standing Committees of Ministerial\nCouncils on elements for inclusion in the Strategy and\nactivities of the Ministerial Councils and other specialised\nbodies such as the National Greenhouse Advisory\nCommittee, and make recommendations to First Ministers\non proposed courses of action;\n(iii) to encourage development of the strategy in areas where it\nis not being handled elsewhere;\n(iv) to present the Strategy to First Ministers for\nconsideration/adoption;\n(v) to recommend to First Ministers requirements for further\ndevelopment of the Strategy as implementation proceeds.\n\nSchedule 6 Biological diversity\n1 The parties acknowledge that biological diversity is a major and valuable\ncomponent of the environment and should be protected.\n2 The parties note that the Commonwealth Government is currently\npreparing a draft national strategy for the conservation of biological\ndiversity which is being pursued through the Biological Diversity\nAdvisory Committee which has wide ranging representation, including\nthe States.\n3 The parties note that the Commonwealth is responsible for the\nnegotiation, ratification and ensuring implementation of the proposed\nBiological Diversity Convention.\n4 The parties note that the proposed Biological Diversity Convention, while\nhaving importance for nature conservation, is likely to have implications\nacross a wide range of Commonwealth and State responsibilities and that\nthe interests and responsibilities of the States and the Commonwealth\nwhich may be affected by the proposed Convention are not confined to\nany particular portfolios.\n5 The Commonwealth will continue to provide the States with the\nopportunity to be represented on Australian delegations to meetings of\nthe Intergovernmental Negotiating Committee for a Convention on\nBiological Diversity. The Commonwealth and the States will continue\ntheir consultations in relation to formulating Australian policy regarding\nthe Convention through the existing mechanisms involving the\nDepartment of Foreign Affairs and Trade and State agencies as nominated\nfrom time to time by their First Ministers.\n6 Given the wide and significant implications of the proposed Convention,\nthe Commonwealth and the States acknowledge that issues may arise\nwhich may cause a State to seek consultation in relation to the\nnegotiations at First Minister level.\n\n7 The Australian and New Zealand Environment and Conservation\nCouncil, in consultation with and, where appropriate, joint cooperation\nwith, other Ministerial Councils, the agencies referred to in clause 5 and\nrelevant organisations, will forward to First Ministers advice on:\n(i) the implications of implementing the proposed\nConvention; and\n(ii) the manner in which implementation of the proposed\nConvention may be undertaken.\n8 For the purposes of clause 7, the other Ministerial Councils will include:\nAustralian Agricultural Council;\nAustralian Soil Conservation Council;\nAustralian Water Resources Council;\nAustralian Forestry Council;\nAustralian Fisheries Council;\nAustralian and New Zealand Mineral and Energy Council; and\nAustralian Industry and Technology Council.\n\n","sortOrder":76},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"National estate","content":"Schedule 7 National estate\n1 The parties acknowledge that the primary role of the Australian Heritage\nCommission is to identify the National Estate and advise the\nCommonwealth on its conservation.\n2 The parties further acknowledge that primary responsibility for land use\nand resource planning decisions rests with States.\n3 The parties agree that the register of the National Estate is one of the\nfactors that the States may consider when making land use and resource\nplanning decisions and that Section 30 of the Australian Heritage\nCommission Act 1975 applies only to decisions of the Commonwealth\nMinisters, Departments and Authorities. The parties recognise however\nthat some applications of s.30 of the Act may have significant land and\nresource use planning implications.\n4 The Commonwealth supports the current practice whereby the Australian\nHeritage Commission provides information on all places nominated to the\nRegister of the National Estate or which are identified by studies, to the\ndesignated agencies in the relevant State. The Commonwealth agrees to\nsupport the current practice whereby the Commission seeks and considers\nthe views of the relevant State on all nominated places before making a\ndecision on interim listing.\n5 Each State agrees to establish and advise the Australian Heritage\nCommission on appropriate channels of communication, the persons\nresponsible for consultation and the persons responsible for coordination\nof responses to the Australian Heritage Commission on matters related to\nNational Estate nominations and listings.\n6 The Commonwealth supports the current practice whereby the Australian\nHeritage Commission provides information to the relevant local\ngovernment body on places to be given interim listing status at least two\nmonths prior to any public notification of that interim listing.\n7 The parties agree that systematic, thematic and/or regional assessment is\nthe preferred basis on which to assess the national estate values of an area.\n\n8 The Commonwealth and the States agree to facilitate joint assessment\nprocesses between the Australian Heritage Commission and the States\nwhere appropriate. In any event, existing data collections and assessment\nprocesses that conform to national estate assessment criteria which are set\nout in the Australian Heritage Commission Act 1975 can be accredited\nand relied upon by the Australian Heritage Commission as satisfying the\nrequirements of the Commission.\n9 The Commonwealth agrees that any State can negotiate with the\nCommission on improved forms of consultation concerning development\nof the Register of the National Estate generally.\n10 The Commonwealth and the States agree that there will be consultation\nand agreement wherever possible on the timing of Australian Heritage\nCommission and State assessment processes.\n11 Where there is an accredited or joint assessment of national estate values\nof the Commonwealth and/or the States will give full faith and credit to\nthe results of such assessment when exercising their responsibilities.\n12 The Commonwealth and the States note that where there is an accredited\nor joint assessment of national estate values the Australian Heritage\nCommission will generally not, and in any event will not without\nconsultation with the States, reconsider that assessment except where new\nand significant information is produced.\n\n","sortOrder":77},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":"World heritage","content":"Schedule 8 World heritage\n1 The States recognise that the Commonwealth has an international\nobligation as a party to the World Heritage Convention to ensure the\nidentification, protection, conservation, presentation and transmission to\nfuture generations of Australia’s natural and cultural heritage of\n‘outstanding universal value’.\n2 The Commonwealth will consult the States and use its best endeavours to\nobtain their agreement on the compilation of an indicative list of World\nHeritage properties. The States agree to consult the relevant local\ngovernment bodies and interested groups (including conservation and\nindustry groups) on properties for inclusion on the indicative list prior to\nsubmission to the Commonwealth. Should conservation or any other\ngroups or individuals make suggestions on an indicative list direct to the\nCommonwealth these will be referred to the relevant State for comment.\n3 The Commonwealth will consult with the relevant State or States, and use\nits best endeavours to obtain their agreement, on nominations to the\nWorld Heritage List.\n4 Where the relevant State or States have agreed to a nomination, the\npreparation of that nomination for World Heritage listing will be the\nprimary responsibility of the relevant State or States and will be\nundertaken in close consultation with the Commonwealth. In the case of\nproperties that transcend State boundaries, the Commonwealth will\ncoordinate preparation of the nomination. The Commonwealth is\nresponsible for ensuring the nomination is in accordance with the World\nHeritage Convention and Guidelines and submitting the nomination to\nUNESCO.\n5 Arrangements for the management of a property will be determined as far\nas practicable prior to the nomination. The management arrangements\nwill take into consideration the continuation of the State’s management\nresponsibilities for the property while preserving the Commonwealth’s\nresponsibilities under the World Heritage Convention.\n\n","sortOrder":78},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":"Nature conservation","content":"Schedule 9 Nature conservation\n1 The parties agree that each level of Government has responsibilities for\nthe protection of flora and fauna and should use their best endeavours to\nensure the survival of species and ecological communities, both terrestrial\nand aquatic, that make up Australia’s biota. The parties recognise that the\nprotection and sound management of natural habitats is of fundamental\nimportance to this aim and that all levels of Government should use their\nbest endeavours to conserve areas critical to the protection of Australia’s\nflora and fauna and the maintenance of ecological processes that ensure\nbiological productivity and stability.\n2 The parties recognise that the States have primary responsibility in the\ngeneral area of nature conservation.\n3 The parties recognise that the Commonwealth has a particular\nresponsibility in the area of nature conservation in relation to:\n— management of areas that lie within its own jurisdiction including the\nexternal territories and the Jervis Bay Territory, Commonwealth places\nand marine areas;\n— Australia’s obligations under international law including under\ntreaties;\n— exports, imports and quarantine.\nThe Commonwealth also has a particular interest in facilitating the effective and\nefficient coordination of nature conservation across all jurisdictions.\n4 The parties agree that a national approach should be taken to rare,\nvulnerable and endangered species given that the distribution of these\nspecies and their habitats is not confined or determined by State or\nCommonwealth borders and that a national approach is desirable to avoid\nduplication of effort, to ensure appropriate outcomes and to maximise the\neffectiveness of available resources.\n\n5 The parties agree that environmental management and resource use\ndecisions taken by all levels of Government should have regard to the\nnational distribution of species and other agreed national nature\nconservation considerations.\n6 The Commonwealth and the States agree to cooperate in the conservation,\nprotection and management of native species and habitats that occur in\nmore than one jurisdiction. In addition to participating in such\ncooperative activities, the Commonwealth and the States may take\nwhatever action they deem appropriate within their respective\njurisdictions to protect any native species and habitats which they\nconsider requires specific action.\n7 Within 1 year of the execution of this Agreement, the Australian and New\nZealand Environment and Conservation Council, in consultation with\nrelevant Ministerial Councils, will develop and report to First Ministers\non a strategy for a national approach to the protection of rare, vulnerable\nand endangered species. The Australian and New Zealand Environment\nand Conservation Council will provide a progress report to First Ministers\nwithin six months.\n8 The report referred to in clause 7 will take into account the preparation of\nan ‘Australian National Strategy for the Conservation of Species and\nCommunities Threatened With Extinction’ by the Endangered Species\nAdvisory Committee which was established to advise the Commonwealth\nMinister of the Arts, Sport, the Environment, Tourism and the Territories\nand will include the following:\n(i) the identification of Australia’s rare, vulnerable and endangered\nspecies of flora and fauna;\n(ii) the options for off-reserve protection of species and habitats to\ncomplement the reserve system and the identification of ecologically\nsignificant remnant vegetation;\n\n(iii) the manner in which all levels of Government might ensure that\nland or resource use decision-making processes explicitly identify\ncircumstances where there is an impact on identified rare, vulnerable and\nendangered species and assess the nature of this impact prior to taking a\ndecision;\n(iv) the development of mechanisms on a cooperative basis to address\ncross-jurisdictional problems;\n(v) the setting of outcomes and goals and the allocation of tasks in\nrelation to all States and the Commonwealth and monitoring and\nreporting on the achievement of those outcomes and goals;\n(vi) the coordination of any research initiatives;\n(vii) the resource and financial implications and impacts of any\nnational approach.\n9 The parties recognise the threat posed on both the natural environment\nand agricultural and maricultural production by pest species of introduced\nplants and animals and acknowledge that a cooperative national approach\nto their control has the potential to produce savings from a reduction of\nduplication of existing effort. The parties agree that the Commonwealth’s\nrole should be one of facilitating coordinated State efforts within its\nnational approach. Due to the nature of the threat, coordination of a\nnational approach should be undertaken through the Australian and New\nZealand Environment and Conservation Council, the Australian\nAgricultural Council and the Australian Fisheries Council.\n10 The parties agree to cooperate in fulfilling Australia’s commitments\nunder international nature conservation treaties and recognise the\nCommonwealth’s responsibilities in ensuring that those commitments are\nmet.\n\n11 The parties recognise the Commonwealth’s responsibilities with regard\nto the implementation of the Convention on International Trade in\nEndangered Species of Wild Fauna and Flora (CITES) and the export of\nwildlife and wildlife products. The Commonwealth and the States agree\nto cooperate in the development of improved intergovernmental\narrangements for regulating commercial use of native wildlife, including\nsetting of nationally sustainable harvesting levels, establishment of\nnational standards in marketing of wildlife products, and streamlining of\npermits and regulatory controls and enforcement.\n12 The parties agree that the management of parks and protected areas is\nlargely a function of the States. The Commonwealth has a responsibility\nfor parks and protected areas on its own land and any parks or protected\nareas it establishes in Australia’s maritime areas (subject to any existing\nCommonwealth legislative arrangements in relation to maritime areas),\nand to assist the States with common concerns which have been identified\nby the Commonwealth and the States to have national implications.\n13 The parties agree that a representative system of protected areas\nencompassing terrestrial, freshwater, estuarine and marine environments\nis a significant component in maintaining ecological processes and\nsystems. It also provides a valuable basis for environmental education and\nenvironmental monitoring. Such a system will be enhanced by the\ndevelopment and application where appropriate of nationally consistent\nprinciples for management of reserves.\n14 The parties agree that the national approach to the conservation,\nprotection and management of native species and habitants may include\nthe addition of new areas to reserve systems and protected areas, some of\nwhich may be under multiple land use regimes, where such multiple land\nuse does not adversely affect the prime nature conservation function of\nthe reserve or protected area.\n\n15 The parties further recognise that the establishment and management of a\nreserve system is not in itself sufficient to ensure the protection of\nAustralia’s flora and fauna. Off-reserve protection and management,\nparticularly of remnant vegetation, are also required. The parties\nrecognise the need for national cooperation to ensure that remnants that\nare ecologically significant on a national scale are identified;\nmanagement and protection arrangements are consistent across borders;\nresearch initiatives are coordinated and not duplicated; and that off-\nreserve protection activities complement the reserve system.\n16 The Commonwealth and the States agree to cooperate in the development\nof actions outlined in this schedule and that the Australian and New\nZealand Environment and Conservation Council be the primary forum of\nall coordination of nationwide nature conservation functions.\nAnnexure A\nRESERVATION BY THE NORTHERN TERRITORY\nThe Northern Territory in signing this Agreement notifies that it does not\nconsider itself a party to the Intergovernmental Agreement on Road Transport\nentered into by the Commonwealth, States and the Australian Capital Territory,\nand accordingly is not bound by sub-clause 5(vi) and clause 7 of Schedule 4 to\nthis Agreement.\nThe Northern Territory further notifies its intention to enter into discussions with\nthe other parties with the objective of securing the direct participation of\nrepresentatives of the Northern Territory Government concerned with transport\nadministration in any joint or collaborative processes among the Commonwealth,\nStates and Territories for the establishment of measures for national motor\nvehicle emission and noise standards.\n\n(see s 5)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• appoint\n• asset\n• Australia\n• bankrupt or personally insolvent\n• Commonwealth\n• exercise\n• external territory\n• function\n• Jervis Bay Territory\n• land\n• Legislative Assembly\n• power\n• property.\nagreement means the agreement made on 1 May 1992 between the\nCommonwealth, the States, the Australian Capital Territory, the\nNorthern Territory and the Australian Local Government\nAssociation, a copy of which is set out in schedule 1.\nAustralian Local Government Association means the Australian\nLocal Government Association Limited.\nCommonwealth Act means the National Environment Protection\nCouncil Act 1994 (Cwlth).\ncouncil means the National Environment Protection Council\nestablished by section 7.\nmember means a member of the council.\n\nministerial council means a council, comprising 1 or more Ministers\nof the Commonwealth and Ministers of 1 or more of the States or\nTerritories, that includes environmental protection in its functions.\nminor variation, for a national environment protection measure—\nsee section 21A (Minor variation of measures).\nnational environment protection goal means a goal—\n(a) that relates to desired environmental outcomes; and\n(b) that guides the formulation of strategies for the management of\nhuman activities that may affect the environment.\nnational environment protection guideline means a guideline that\ngives guidance on possible means for achieving desired\nenvironmental outcomes.\nnational environment protection measure means a measure made\nunder section 13 (1).\nnational environment protection protocol means a protocol that\nrelates to the process to be followed in measuring environmental\ncharacteristics to determine—\n(a) whether a particular standard or goal is being met or achieved;\nor\n(b) the extent of the difference between the measured characteristic\nof the environment and a particular standard or a particular goal.\nnational environment protection standard means a standard that\nconsists of quantifiable characteristics of the environment against\nwhich environmental quality can be assessed.\nNEPC committee means the committee established by section 28.\nNEPC executive officer means the person who, from time to time,\nholds the office of NEPC Executive Officer established by section 38,\nand includes a person acting in that office.\nNEPC service corporation means the corporation referred to in\nsection 34.\n\nparticipating jurisdiction means the Commonwealth, a participating\nState or a participating Territory.\nparticipating State means a State—\n(a) that is a party to the agreement; and\n(b) in which an Act that corresponds to this Act is in force in\naccordance with the agreement.\nparticipating Territory means a Territory—\n(a) that is a party to the agreement; and\n(b) in which an Act that corresponds to this Act is in force in\naccordance with the agreement.\nservice corporation means the NEPC service corporation.\nTerritory means the Australian Capital Territory and the Northern\nTerritory.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\n3 Legislation history\nNational Environment Protection Council Act 1994 A1994-95\nnotified 15 December 1994 (Gaz 1994 No S280)\ncommenced 15 December 1994 (s 2)\nas amended by\nFinancial Management and Audit (Consequential and Transitional\nProvisions) Act 1996 A1996-26 sch, pt 21\nnotified 1 July 1996 (Gaz 1996 No S130)\ncommenced 1 July 1996 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 255\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 255 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2002 A2002-30 pt 3.50\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.50 commenced 17 September 2002 (s 2 (1))\nNational Environment Protection Council Amendment Act 2003\nA2003-7\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nremainder commenced 19 December 2003 (s 2 and see National\nEnvironment Protection Council Amendment Act 2002 (Cwlth) No 142,\n2002 s 2)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.41\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.41 commenced 2 June 2005 (s 2 (1))\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.69\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.69 commenced 12 April 2007 (s 2 (1))\n\n3 Legislation history\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.53\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.53 commenced 17 December 2009 (s 2)\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.25\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.25 commenced 1 March 2012 (s 2 (1) and see\nEvidence Act 2011 A2011-12, s 2 and CN2012-4)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.51\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.51 commenced 1 September 2016 (s 2)\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.30\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.30 commenced 24 August 2022 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.130\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.130 commenced 26 December 2025 (s 2 (7))\nEnvironment Legislation Amendment Act 2025 A2025-28 pt 9\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\npt 9 commenced 26 November 2025 (s 2)\n\nAmendment history 4\nName of Act\ns 1 sub A2007-3 amdt 3.374\nCommencement\ns 2 om A2001-44 amdt 1.2898\nWords and expressions used in Cwlth Act\ns 4 sub A2001-44 amdt 1.2899\ns 5 defs reloc to dict A2003-7 s 4\nsub A2003-7 s 5\nNotes\ns 5A ins A2003-7 s 5\nInterpretation–implementation of national environment protection measures\ns 5B ins A2003-7 s 5\nMembership of council\ns 8 am A2025-28 s 33\nDeputies\ns 10 am A2025-28 s 33\nFunctions and powers\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R1 LA\nPowers of council\ns 12 am A2003-7 s 6\nMaking of national environment protection measures\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R1 LA\nCouncil may make national environment protection measures\ns 13 am A2001-44 amdt 1.2900; A2002-30 amdt 3.600; A2005-20\namdt 3.317; A2022-14 amdt 3.182; A2025-28 s 34, s 35;\nA2025-29 amdt 4.131\nGeneral considerations in making national environment protection measures\ns 14 am A2025-28 s 35\nCouncil to give notice of intention to prepare a draft of proposed measure\ns 15 am A2025-28 s 35\nCouncil to prepare draft of proposed measure and impact statement\ns 16 am A2025-28 s 35\nPublic consultation\ns 17 am A2025-28 s 35\n\nVariation or revocation of measures\ns 19 am A2003-7 s 7; A2025-28 s 35; A2025-29 amdt 4.131\nMinor variation of national environment protection measures\ndiv 3.2A hdg ins A2003-7 s 8\nMinor variation of measures\ns 21A ins A2003-7 s 8\nam A2025-29 amdt 4.131\nPublic consultation for minor variation\ns 21B ins A2003-7 s 8\nCouncil to have regard to submissions etc\ns 21C ins A2003-7 s 8\nAssessment and reporting on implementation and effectiveness of measures\ndiv 3.3 hdg (prev pt 3 div 3 hdg) renum R1 LA\nReport by Minister on implementation and effectiveness of measures\ns 22 am A2025-28 s 35\nAnnual report of council\ns 23 am A2025-28 s 35\nMeetings of council\ndiv 4.1 hdg (prev pt 4 div 1 hdg)) renum R1 LA\nConvening of meetings\ns 24 am A2025-28 s 35\nProcedure at meetings\ns 25 am A2022-14 amdt 3.183\nVoting at meetings\ns 27 am A2025-28 s 35\nCommittees of council\ndiv 4.2 hdg (prev pt 4 div 2 hdg) renum R1 LA\nNEPC service corporation\ndiv 5.1 hdg (prev pt 5 div 1 hdg) renum R1 LA\nNEPC service corporation\ns 34 am A2011-48 amdt 1.41\nFunctions of service companies\ns 35 am A2003-7 s 9\nPowers of service corporation\ns 36 am A2025-28 s 35\nContracts and leases\ns 37 am A2025-28 s 35\n\nAmendment history 4\nNEPC executive officer to act in accordance with council directions\ns 40 am A2025-28 s 35\nLeave of absence\ns 42 am A2007-3 amdt 3.375\nResignation\ns 43 sub A2022-14 amdt 3.184\nTermination of office\ns 44 am A2009-49 amdt 3.125; A2022-14 amdt 3.185\nActing NEPC executive officer\ns 46 am A2022-14 amdt 3.186\nStaff of service corporation and consultants\ndiv 5.3 hdg (prev pt 5 div 3 hdg) renum R1 LA\nAustralian public service staff of service corporation\ns 48 hdg sub A2016-52 amdt 1.136\nEstimates\ns 56 am A2025-28 s 35\nAudit Act not to apply\ns 57 om A1996-26 sch pt 21\nSpecial provisions relating to reports etc prepared under the Public\nGovernance, Performance and Accountability Act 2013\ns 58 hdg sub A2025-28 s 36\nam A2025-28 s 37\nRegulation-making power\ns 62 hdg sub A2001-44 amdt 1.2901\ns 62 am A2001-44 amdt 1.2902, amdt 1.2903; A2025-29\namdt 4.131\nReview of operation of Act\ns 63 am A2003-7 s 10; A2025-28 s 38\nIntergovernmental agreement on the environment\nsch 1 hdg (prev sch hdg) renum R1 LA\nam A2025-28 s 39\ndict ins A2003-7 s 11\nam A2009-49 amdt 3.126\ndef ministerial council ins A2003-7 s 11\ndef minor variation ins A2003-7 s 11\ndef agreement reloc from s 3 A2003-7 s 4\ndef Australian Local Government Association reloc from\ns 3 A2003-7 s 4\ndef Commonwealth Act reloc from s 3 A2003-7 s 4\n\ndef council reloc from s 3 A2003-7 s 4\ndef member reloc from s 3 A2003-7 s 4\ndef national environment protection goal reloc from s 3\nA2003-7 s 4\ndef national environment protection guideline reloc from\ns 3 A2003-7 s 4\ndef national environment protection measure reloc from s 3\nA2003-7 s 4\ndef NEPC committee reloc from s 3 A2003-7 s 4\ndef NEPC executive officer reloc from s 3 A2003-7 s 4\ndef NEPC service corporation reloc from s 3 A2003-7 s 4\ndef participating jurisdiction reloc from s 3 A2003-7 s 4\ndef participating State reloc from s 3 A2003-7 s 4\ndef participating Territory reloc from s 3 A2003-7 s 4\ndef service corporation reloc from s 3 A2003-7 s 4\ndef Territory reloc from s 3 A2003-7 s 4\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A2001-44 21 February 2002\n2 A2002-30 11 October 2002\n3 A2003-7 19 December 2003\n4 A2005-20 2 June 2005\n5 A2007-3 12 April 2007\n6 A2009-49 17 December 2009\n7 A2011-48 1 March 2012\n8 A2016-52 1 September 2016\n9 A2022-14 24 August 2022\n10 A2025-28 26 November 2025","sortOrder":79}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2730},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing the NEPC to create national environment protection measures. While amendments since 1994 have refined procedures (such as adding the 'minor variation' process in 2003 and updating financial governance references), the fundamental scope of creating a ministerial council to set national standards has not shifted significantly."},"complexity_factors":["Lengthy Schedule 1 containing the full 1992 Intergovernmental Agreement on the Environment (40+ pages of policy context not essential to the Act's operation)","47 defined terms in the Dictionary including technical categories of measures (standards, goals, guidelines, protocols)","Dual legislative framework requiring cross-references to the Commonwealth Act for key operational details and definitions","Nested procedural requirements for making measures (Division 3.2) involving mandatory notification, impact statements, multi-month public consultation periods, and parliamentary disallowance","Separate streamlined procedure for 'minor variations' (Division 3.2A) with distinct consultation timelines and unanimous voting requirements","Specific governance rules including two-thirds quorum and two-thirds voting thresholds for Council decisions","Establishment of a statutory service corporation with separate employment, contracting and financial management rules (Part 5)"],"plain_english_summary":"**What this law does**\n\nThis law establishes the **National Environment Protection Council (NEPC)**—a committee of Australian Government, State and Territory ministers—that creates national rules called **national environment protection measures** (NEPMs). These measures set standards for things like air quality, water quality, noise, contaminated land clean-up, hazardous waste, recycling, and vehicle emissions.\n\nThe law ensures that when the NEPC makes a rule, the ACT must implement it through local laws. This creates a consistent approach across Australia so that everyone has equivalent protection from pollution, and businesses don’t face different rules in every state.\n\n**Why it matters**\n\nBefore this system, each state had different environmental rules, which created confusion for businesses and uneven protection for communities. This law fixes that by allowing ministers to agree on national standards that apply everywhere.\n\n**Who it affects**\n\n*   **Ministers**: The Council comprises nominated ministers from the Commonwealth, States and Territories who vote on new measures (decisions need a two-thirds majority).\n*   **The NEPC Service Corporation**: A statutory agency (a government body with its own legal identity) that provides staff, research and administrative support to the Council.\n*   **The NEPC Executive Officer**: The CEO of the Service Corporation who runs day-to-day operations.\n*   **Businesses and the public**: Once the Council makes a measure, the ACT must enforce it. Businesses must comply with these national standards, and the public can make submissions when new measures are being drafted.\n\n**How it works**\n\n1.  **Making rules**: The Council can create NEPMs, which can be mandatory **standards**, aspirational **goals**, **guidelines** (advice on how to achieve outcomes), or **protocols** (methods for testing).\n2.  **Public input**: Before making a measure, the Council must publish a draft and an impact statement (explaining environmental and economic effects) and invite public comment for at least two months.\n3.  **Parliamentary oversight**: New measures are tabled in the Federal Parliament and can be vetoed (disallowed) by either House.\n4.  **Minor changes**: For small technical updates, the Council can use a faster “minor variation” process with a shorter one-month consultation period, provided all ministers agree.\n5.  **Implementation**: The ACT promises to implement each measure through its own laws (a system known as “mirror legislation”).\n\n**The Intergovernmental Agreement**\n\nThe full text of the 1992 **Intergovernmental Agreement on the Environment** is included in Schedule 1. This is the original deal between governments that established the principles (like the “precautionary principle” and “intergenerational equity”) and the basic framework for national cooperation."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/national-environment-protection-council-act-1994","history":"/api/acts/national-environment-protection-council-act-1994/history","analysis":"/api/acts/national-environment-protection-council-act-1994/analysis","conflicts":"/api/acts/national-environment-protection-council-act-1994/conflicts","importantCases":"/api/acts/national-environment-protection-council-act-1994/important-cases","documents":"/api/acts/national-environment-protection-council-act-1994/documents"}}