{"id":"national-environment-protection-council-northern-territory-act-1994","name":"National Environment Protection Council (Northern Territory) Act 1994","slug":"national-environment-protection-council-northern-territory-act-1994","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30419,"registerId":"nt-national-environment-protection-council-northern-territory-act-1994-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the National Environment Protection\nCouncil (Northern Territory) Act 1994.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n\nNational Environment Protection Council (Northern Territory) Act 1994 2\n","sortOrder":1},{"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\nestablishment and operation of the National Environment Protection\nCouncil:\n(a) people enjoy the benefit of equivalent protection from air,\nwater or soil pollution and from noise, wherever they live in\nAustralia; and\n(b) decisions of the business community are not distorted, and\nmarkets are not fragmented, by variations between\nparticipating jurisdictions in relation to the adoption or\nimplementation of major environment protection measures.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Act to bind Crown","content":"4 Act to bind Crown\nThis Act binds the Crown in right of the Territory and, in so far as\nthe legislative power of Legislative Assembly permits, the Crown in\nall its other capacities.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of Acts of interpretation","content":"5 Application of Acts of interpretation\n(1) If an expression used in this Act or the regulations under this Act\nwould (because of the Interpretation Act 1978) have a different\nmeaning from the meaning of the same expression used in the\ncorresponding provision of the Commonwealth Act, the expression\nhas the meaning it has in the Commonwealth Act, unless the\ncontrary intention appears.\n(2) Accordingly, the Interpretation Act 1978 does not apply to the\ninterpretation of that expression.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Interpretation","content":"6 Interpretation\n(1) In this Act, unless the contrary intention appears:\nAgreement means the agreement made on 1 May 1992 between\nthe Commonwealth, the States, the Australian Capital Territory, the\nNorthern Territory and the Australian Local Government\nAssociation, a copy of which is set out in the Schedule.\nAustralian Local Government Association means the Australian\nLocal Government Association Limited.\nCommonwealth Act means the National Environment Protection\nCouncil Act 1994 of the Commonwealth.\nCouncil means the National Environment Protection Council\nestablished by section 8.\n\nNational Environment Protection Council (Northern Territory) Act 1994 3\nmember means a member of the Council.\nMinisterial Council means a council, comprising one or more\nMinisters of the Commonwealth and Ministers of one or more of the\nStates or Territories, that includes environmental protection in its\nfunctions.\nminor variation, for a national environment protection measure,\nmeans a decision made under section 22A(1) to vary the national\nenvironment protection measure.\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\nof human activities that may affect the environment.\nnational environment protection guideline means a guideline\nthat gives guidance on possible means for achieving desired\nenvironmental outcomes.\nnational environment protection measure means a measure\nmade under section 14 (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\ncharacteristic of the environment and a particular standard or\na 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 29.\nNEPC Executive Officer means the person who, from time to time,\nholds the office of NEPC Executive Officer established by\nsection 39, and includes a person acting in that office.\nNEPC Service Corporation means the Corporation referred to in\nsection 35.\n\n","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Establishment and membership of the National Environment Protection","content":"Part 2 Establishment and membership of the National Environment Protection\nCouncil\nNational Environment Protection Council (Northern Territory) Act 1994 4\nparticipating jurisdiction means the Commonwealth, a\nparticipating State 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:\n(a) the Northern Territory; or\n(b) the Australian Capital Territory if:\n(i) it is a party to the Agreement; and\n(ii) an Act that corresponds to this Act is in force in that\nTerritory in accordance with the Agreement.\nService Corporation means the NEPC Service Corporation.\n(2) A reference in this Act to the implementation of national\nenvironment protection measures includes a reference to the\nenforcement of the laws and other arrangements made for the\npurpose of implementing those measures.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Implementation of national environment protection measures","content":"7 Implementation of national environment protection measures\nIt is the intention of the Legislative Assembly that the Territory will,\nin compliance with its obligations under the Agreement, implement,\nby such laws and other arrangements as are necessary, each\nnational environment protection measure in respect of activities that\nare subject to Territory law (including activities of the Territory and\nits instrumentalities).\nPart 2 Establishment and membership of the National\nEnvironment Protection Council\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"The National Environment Protection Council","content":"8 The National Environment Protection Council\nThe National Environment Protection Council is established.\n\nPart 2 Establishment and membership of the National Environment Protection\nCouncil\nNational Environment Protection Council (Northern Territory) Act 1994 5\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Membership of the Council","content":"9 Membership of the Council\n(1) The Council consists of the following members:\n(a) a Minister of the Commonwealth who is nominated by the\nPrime Minister;\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;\n(b) the member ceases to be a Minister;\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 performance of a function or the exercise of a power by the\nCouncil is not affected by a vacancy or vacancies in the\nmembership 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\nwas a defect or irregularity in connection with the nomination.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Chairperson of the Council","content":"10 Chairperson of the Council\nThe member referred to in section 9(1)(a) is the Chairperson of the\nCouncil.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Deputies","content":"11 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 9.\n\nNational Environment Protection Council (Northern Territory) Act 1994 6\n(2) In the event of the absence or unavailability of the Chairperson, or\nof another 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\nmember; and\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","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Functions of the Council","content":"12 Functions of the Council\nThe Council has the following functions:\n(a) to make national environment protection measures in\naccordance with Division 2; and\n(b) to assess and report on the implementation and effectiveness,\nin participating jurisdictions, of national environment protection\nmeasures.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Powers of Council","content":"13 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 performance of\nits functions, and, in particular, has power to:\n(a) consult with appropriate persons and bodies;\n(b) obtain advice and assistance from the NEPC Committee or\nfrom another committee established by the Council under\nsection 33;\n(c) undertake or commission research;\n\nNational Environment Protection Council (Northern Territory) Act 1994 7\n(d) publish reports relating to the functions and powers of the\nCouncil;\n(e) provide information to the public (including industry);\n(f) consult with relevant Commonwealth, State and Territory\nbodies;\n(g) consult with the Australian Local Government Association; and\n(h) direct the Service Corporation to provide assistance and\nsupport to other Ministerial Councils.\n","sortOrder":13},{"sectionNumber":"Div 2","sectionType":"division","heading":"Making of national environment protection","content":"Division 2 Making of national environment protection\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Council may make national environment protection measures","content":"14 Council may make national environment protection measures\n(1) The Council may, by instrument in writing, make a measure, to be\nknown as a national environment protection measure, that relates\nto any one or more of the following:\n(a) ambient air quality;\n(b) ambient marine, estuarine and fresh water 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\nand services);\n(d) general guidelines for the assessment of site contamination;\n(e) environmental impacts associated with hazardous wastes;\n(f) the re-use 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\nand technical characteristics of new and in-service motor vehicles\nmay only:\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 (Cth) and, if appropriate, the Road\nVehicle Standards Act 2018 (Cth).\n\nNational Environment Protection Council (Northern Territory) Act 1994 8\n(3) National environment protection measures must each comprise one\nor 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","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"General considerations in making national environment","content":"15 General considerations in making national environment\nprotection measures\nIn making any national environment protection measure, the\nCouncil must have regard to:\n(a) whether the measure is consistent with section 3 of the\nAgreement;\n(b) the environmental, economic and social impact of the\nmeasure;\n(c) the simplicity, efficiency and effectiveness of the\nadministration of the measure;\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;\n(e) the relationship of the measure to existing inter-governmental\nmechanisms;\n(f) relevant international agreements to which Australia is a party;\nand\n(g) any regional environmental differences in Australia.\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Council to give notice of intention to prepare a draft of","content":"16 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\nproposed measure.\n\nNational Environment Protection Council (Northern Territory) Act 1994 9\n(2) The notice must:\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Council to prepare draft of proposed measure and impact","content":"17 Council to prepare draft of proposed measure and impact\nstatement\nBefore making any national environment protection measure and\nnot earlier than 30 days after the day on which section 16(2)(b) has\nbeen fully complied with in all participating jurisdictions, the Council\nmust prepare:\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(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\nthose alternatives 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\nNational Environment Protection Council (Northern Territory) Act 1994 10\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Public consultation","content":"18 Public consultation\n(1) Before making a national environment protection measure, the\nCouncil 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(2) A notice must:\n(3) The period specified in each notice under subsection (1) must end\nnot less than 2 months after the day on which subsection (2)(b) has\nbeen fully complied with in all participating jurisdictions.\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Council to have regard to impact statements and submissions","content":"19 Council to have regard to impact statements and submissions\nIn making a national environment protection measure, the Council\nis to have regard, in addition to the matters referred to in section 15,\nto:\n(a) the impact statement that relates to the measure;\n(b) any submissions it receives that relate to the measure or to\nthe impact statement; and\n(c) any advice from the NEPC Committee or from a committee\nestablished under section 33.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Variation or revocation of measures","content":"20 Variation or revocation of measures\n(1) The Council may vary or revoke any national environment\nprotection measure.\n(2) If the Council intends to vary or revoke a national environment\nprotection measure, the Council must publish a notice specifying\nthe measure that the Council intends varying or revoking.\n(3) The notice must:\n\nNational Environment Protection Council (Northern Territory) Act 1994 11\n(4) Sections 15, 17, 18 and 19 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, as the case may be;\n(b) a reference to a national environment protection measure\nwere a reference to the variation or revocation of such a\nmeasure, as the case may be;\n(c) a reference to a proposed national environment protection\nmeasure were a reference to a proposed variation or\nproposed revocation of such a measure, as the case may be;\nand\n(d) the reference in section 17 to the day on which\nsection 16(2)(b) has been fully complied with in all\nparticipating jurisdictions were a reference to the day on which\nsubsection (3)(b) of this section has been fully complied with\nin all participating jurisdictions.\n(5) Subsections (2), (3) and (4) do not apply to a minor variation of a\nnational environment protection measure under Division 2A.\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"National environment protection measures to be","content":"21 National environment protection measures to be\nCommonwealth disallowable instruments\n(1) Section 21 of the Commonwealth Act applies to national\nenvironment protection 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 purposes of the Commonwealth Act.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Failure to comply with procedural requirements","content":"22 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\n","sortOrder":23},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Minor variation of national environment protection measures","content":"Division 2A Minor variation of national environment protection measures\nNational Environment Protection Council (Northern Territory) Act 1994 12\n(b) despite that failure the Council has substantially complied with\nthe procedural requirements of this Act for making that\nmeasure,\nthe failure does not invalidate the measure so made.\nDivision 2A Minor variation of national environment protection\n","sortOrder":24},{"sectionNumber":"22A","sectionType":"section","heading":"Minor variation of measures","content":"22A Minor variation of measures\n(1) The Council may vary a national environment protection measure if:\n(a) the variation is supported by a unanimous resolution of all of\nthe members; and\n(b) the resolution states the variation does not involve a\nsignificant change in the effect of the national environment\nprotection measure.\n(2) A variation under this section is a minor variation.\n(3) If the Council decides that a variation does not involve a significant\nchange in the effect of the national environment protection\nmeasure, the 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;\n(ii) the nature and effect of the proposed variation; and\n(iii) the reasons why the Council is satisfied the variation is a\nminor variation.\n","sortOrder":25},{"sectionNumber":"22B","sectionType":"section","heading":"Public consultation for minor variation","content":"22B Public consultation for minor variation\n(1) Before making a minor variation to a national environment\nprotection measure, 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\nor explanatory statement within a stated period.\n\n","sortOrder":26},{"sectionNumber":"Div 3","sectionType":"division","heading":"Assessment and reporting on implementation and effectiveness of measures","content":"Division 3 Assessment and reporting on implementation and effectiveness of measures\nNational Environment Protection Council (Northern Territory) Act 1994 13\n(2) The notice must:\n(b) in each participating State or Territory concerned – also be\npublished, on at least one day during the month when the\nGazette notice is published, in a newspaper circulating in the\nState or Territory.\n(3) The period stated in the notice must end at least one month after\nthe day on which subsection (2)(b) has been fully complied with in\nall participating jurisdictions.\n","sortOrder":27},{"sectionNumber":"22C","sectionType":"section","heading":"Council to have regard to submissions etc.","content":"22C 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 on the proposed variation or\nexplanatory statement;\n(b) whether the measure is consistent with section 3 of the\nAgreement;\n(c) relevant international agreements to which Australia is a party;\nand\n(d) any regional environmental differences in Australia.\nDivision 3 Assessment and reporting on implementation and\neffectiveness of measures\n","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Report by Minister on implementation and effectiveness of","content":"23 Report by Minister on implementation and effectiveness of\n(1) The Minister of the Territory who is a member of the Council is,\nafter each reporting year of the Council, to prepare a report on the\nimplementation of national environment protection measures during\nthat year by the Territory and the effectiveness of those measures.\n(2) A report under subsection (1) must be submitted to the Council by\nthe 30 September next following each reporting year.\n(3) In this section, reporting year means a year ending on 30 June.\n","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Annual report of Council","content":"24 Annual report of Council\n(1) The Council must, as soon as practicable after 30 September in\neach year, prepare a report of its operations during the year ended\non the preceding 30 June.\n\n","sortOrder":30},{"sectionNumber":"Part 4","sectionType":"part","heading":"Meetings of the Council and establishment and meetings of its Committees","content":"Part 4 Meetings of the Council and establishment and meetings of its Committees\nNational Environment Protection Council (Northern Territory) Act 1994 14\n(2) A report prepared under subsection (1) must include:\n(a) a copy of the report the Council receives under section 23 and\ncopies of the reports for the year that it receives from the\nCommonwealth and other State and Territory Ministers under\ncorresponding legislation; and\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 laid before the Legislative Assembly\nwithin 7 sitting days of the Assembly after the Council has formally\nadopted the report.\nPart 4 Meetings of the Council and establishment and\nmeetings of its Committees\n","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Convening of meetings","content":"25 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\nso in writing signed by at least two-thirds of the members.\n","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Procedure at meetings","content":"26 Procedure at meetings\n(1) The Chairperson is to preside at all meetings at which he or she is\npresent.\n(2) If the Chairperson is not present at a meeting, the members present\nare to elect one 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.\n","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Quorum","content":"27 Quorum\nAt a meeting, two-thirds of the members constitute a quorum.\n\nPart 4 Meetings of the Council and establishment and meetings of its Committees\nNational Environment Protection Council (Northern Territory) Act 1994 15\n","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Voting at meetings","content":"28 Voting at meetings\n(1) At a meeting, a decision of the Council must be supported by the\nvotes of at least two-thirds of the members, whether present or not.\n(2) The member presiding at a meeting of the Council has a\ndeliberative vote only.\n","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"NEPC Committee","content":"29 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\nrequires.\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\nany such meeting.\n","sortOrder":36},{"sectionNumber":"30","sectionType":"section","heading":"Chairperson of NEPC Committee","content":"30 Chairperson of NEPC Committee\nThe nominee of the Chairperson of the Council is to be Chairperson\nof the NEPC Committee.\n","sortOrder":37},{"sectionNumber":"31","sectionType":"section","heading":"Procedures of NEPC Committee","content":"31 Procedures of NEPC Committee\n(1) Meetings of the NEPC Committee are to be convened at the\nrequest of the Council or by the Chairperson of the Committee in\naccordance with procedures determined by the Council.\n(2) The procedures to be followed at a meeting of the NEPC\nCommittee are to be determined by the Committee.\n","sortOrder":38},{"sectionNumber":"32","sectionType":"section","heading":"Functions of NEPC Committee","content":"32 Functions of NEPC Committee\nThe functions of the NEPC Committee are to assist and advise the\nCouncil in the performance of its functions and the exercise of its\npowers.\n\nNational Environment Protection Council (Northern Territory) Act 1994 16\n","sortOrder":39},{"sectionNumber":"33","sectionType":"section","heading":"Other committees","content":"33 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\ncommittees are to be determined by the Council.\n","sortOrder":40},{"sectionNumber":"34","sectionType":"section","heading":"Withdrawal from agreement","content":"34 Withdrawal from agreement\n(1) If a State or Territory ceases to be a participating State or\nparticipating Territory:\n(a) the member of the NEPC Committee nominated by the\nPremier of the State or Chief Minister of the Territory ceases\nto be a member 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\nparty to the Agreement, the person nominated by the Association to\nattend and be heard at meetings of the NEPC Committee ceases to\nbe entitled so to attend and be heard.\n","sortOrder":41},{"sectionNumber":"Part 5","sectionType":"part","heading":"NEPC Service Corporation, NEPC Executive","content":"Part 5 NEPC Service Corporation, NEPC Executive\nOfficer and staff\n","sortOrder":42},{"sectionNumber":"35","sectionType":"section","heading":"Nepc Service Corporation","content":"35 Nepc Service Corporation\n(1) The NEPC Service Corporation is the corporation with perpetual\nsuccession constituted by section 35 of the Commonwealth Act.\n(2) The Service Corporation:\n(a) may acquire, hold and dispose of real and personal property;\nand\n(b) may sue and be sued.\n(3) The seal of the Service Corporation is to be kept in such custody as\nthe Council directs and is not to be used except in the\ncircumstances authorised by the Council.\n\nNational Environment Protection Council (Northern Territory) Act 1994 17\n(4) All courts, judges and persons acting judicially must:\n(a) take judicial notice of the imprint of the seal of the Service\nCorporation appearing on any document; and\n(b) presume the imprint was duly made.\n","sortOrder":43},{"sectionNumber":"36","sectionType":"section","heading":"Functions of the Service Corporation","content":"36 Functions of the 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 33;\n(aa) to provide assistance and support to other Ministerial Councils\nas directed by the Council; and\n(b) to do anything incidental or conducive to the performance of\nthe function referred to in paragraph (a) or (aa).\n","sortOrder":44},{"sectionNumber":"37","sectionType":"section","heading":"Powers of the Service Corporation","content":"37 Powers of the Service Corporation\n(1) The Service Corporation has power to do all things that are\nnecessary or convenient to be done for or in connection with the\nperformance of the functions of the Corporation and, in particular,\nhas power:\n(a) to enter into contracts;\n(b) to lease the whole or any part of land or a building for the\npurposes of the Corporation;\n(c) to occupy, use and control any land or building owned or held\nunder lease by the State and made available for the purposes\nof the Corporation;\n(d) to acquire, hold and dispose of personal property;\n(e) to accept gifts, devises and bequests made to the\nCorporation, whether on trust or otherwise, and to act as\ntrustee of money or other property vested in the Corporation\non trust; and\n(f) to do anything incidental to any of the powers of the\n(2) Despite anything contained in this Act, any money or property\nvested in the Corporation on trust must be dealt with in accordance\nwith the powers and duties of the Corporation as trustee.\n\nNational Environment Protection Council (Northern Territory) Act 1994 18\n(3) The Corporation has power to perform any of its functions in\nco-operation 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":45},{"sectionNumber":"38","sectionType":"section","heading":"Contracts and leases","content":"38 Contracts and leases\nThe Service Corporation must not, without the written approval of\nthe Council:\n(a) enter into a contract involving the payment or receipt of an\namount exceeding $250,000 or, if a higher amount is\nprescribed under section 38 of the Commonwealth Act, that\nhigher amount; and\n(b) take any land or buildings on lease for a period exceeding\n3 years.\n","sortOrder":46},{"sectionNumber":"39","sectionType":"section","heading":"NEPC Executive Officer","content":"39 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 re-appointment.\n","sortOrder":47},{"sectionNumber":"40","sectionType":"section","heading":"NEPC Executive Officer to control Service Corporation","content":"40 NEPC Executive Officer to control Service Corporation\n(1) The affairs of the Service Corporation are, subject to section 41, to\nbe conducted 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 authority of the NEPC Executive Officer\nare taken to have been done by the Corporation.\n","sortOrder":48},{"sectionNumber":"41","sectionType":"section","heading":"NEPC Executive Officer to act in accordance with Council","content":"41 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\nNational Environment Protection Council (Northern Territory) Act 1994 19\n","sortOrder":49},{"sectionNumber":"42","sectionType":"section","heading":"Remuneration and allowances","content":"42 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\nOfficer under this section are to be paid out of the money of the\nService Corporation referred to in section 55.\n(4) This section, other than subsection (3), has effect subject to the\nRemuneration Tribunal Act 1973 of the Commonwealth.\n","sortOrder":50},{"sectionNumber":"43","sectionType":"section","heading":"Leave of absence","content":"43 Leave of absence\n(1) The NEPC Executive Officer has such recreation leave entitlements\nas are determined by the Remuneration Tribunal of the\nCommonwealth in accordance with the law of the Commonwealth.\n(2) The Council may grant the NEPC Executive Officer leave of\nabsence other than recreation leave, on such terms and conditions\nas to remuneration or otherwise as the Council determines.\n","sortOrder":51},{"sectionNumber":"44","sectionType":"section","heading":"Resignation","content":"44 Resignation\nThe NEPC Executive Officer may resign his or her office by writing\nsigned by him or her and delivered to the Chairperson of the\nCouncil.\n","sortOrder":52},{"sectionNumber":"45","sectionType":"section","heading":"Termination of office","content":"45 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(2) If the NEPC Executive Officer:\n(a) engages in paid employment outside the duties of his or her\noffice without 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\nNational Environment Protection Council (Northern Territory) Act 1994 20\n(c) becomes bankrupt or applies to take the benefit of any law for\nthe relief of bankrupt or insolvent debtors, compounds with his\nor her creditors or makes an assignment of his or her\nremuneration for their benefit; or\n(d) contravenes section 41(2) without reasonable excuse,\nthe Council must terminate his or her appointment.\n","sortOrder":53},{"sectionNumber":"46","sectionType":"section","heading":"Terms and conditions not provided for by Act","content":"46 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":54},{"sectionNumber":"47","sectionType":"section","heading":"Acting NEPC Executive Officer","content":"47 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\nthe office; or\n(b) during any period, or during all periods, when the NEPC\nExecutive Officer is absent from Australia or, for any reason, is\nunable to perform the functions of his or her office.\n","sortOrder":55},{"sectionNumber":"48","sectionType":"section","heading":"Powers and functions of acting NEPC Executive Officer","content":"48 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;\n(b) may perform any of the functions of the Executive Officer; and\n(c) is to be taken to be the Executive Officer for the purpose of\nany reference to the Executive Officer in any other law.\n","sortOrder":56},{"sectionNumber":"49","sectionType":"section","heading":"Public service staff of Service Corporation","content":"49 Public service staff of Service Corporation\n(1) Subject to this Division, staff of the Service Corporation are to be\npersons engaged under the Public Service Act 1999 of the\nCommonwealth.\n\nNational Environment Protection Council (Northern Territory) Act 1994 21\n(2) For the Public Service Act 1999 of the Commonwealth:\n(a) the NEPC Executive Officer and the APS employees assisting\nthe NEPC Executive Officer together constitute a Statutory\nAgency; and\n(b) the NEPC Executive Officer is the Head of the Statutory\nAgency.\n","sortOrder":57},{"sectionNumber":"50","sectionType":"section","heading":"Non-public service staff of Service Corporation","content":"50 Non-public service staff of Service Corporation\n(1) In addition to the staff referred to in section 49(1), the Service\nCorporation may employ persons, under written agreements, for the\nperformance of any of the functions or the exercise of any of the\npowers of the Corporation.\n(2) The terms and conditions of employment of persons employed\nunder subsection (1) are such as the Corporation determines from\ntime to time.\n","sortOrder":58},{"sectionNumber":"51","sectionType":"section","heading":"Staff seconded to Service Corporation","content":"51 Staff seconded to Service Corporation\n(1) The Service Corporation may make arrangements for the services\nof persons engaged under the Public Service Act 1999 of the\nCommonwealth, and of authorities of the Commonwealth, to be\nmade available to the Corporation in connection with the\nperformance of any of the functions or the exercise of any of the\npowers 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\nor the authority makes officers or employees available to the\nCorporation to perform services in connection with the performance\nof any of the functions or the exercise of any of the powers of the\n","sortOrder":59},{"sectionNumber":"52","sectionType":"section","heading":"Consultants","content":"52 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\nas the Corporation determines from time to time.\n\nNational Environment Protection Council (Northern Territory) Act 1994 22\n","sortOrder":60},{"sectionNumber":"53","sectionType":"section","heading":"Payments to Service Corporation by Territory","content":"53 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\n(2) The Treasurer of the Territory may give directions about the\namounts in which, and the times at which, money payable under\nsubsection (1) is to be paid to the Corporation.\n","sortOrder":61},{"sectionNumber":"54","sectionType":"section","heading":"Payments to Service Corporation by Commonwealth and other","content":"54 Payments to Service Corporation by Commonwealth and other\nStates and Territories\nThe Service Corporation may receive money paid to it by the\nCommonwealth or by a State or another Territory.\n","sortOrder":62},{"sectionNumber":"55","sectionType":"section","heading":"Money of Service Corporation","content":"55 Money of Service Corporation\nThe money of the Service Corporation consists of:\n(a) money paid to the Corporation under section 53;\n(b) money received by the Corporation under section 54; and\n(c) any other money paid to the Corporation.\n","sortOrder":63},{"sectionNumber":"56","sectionType":"section","heading":"Application of money of Service Corporation","content":"56 Application of money of Service Corporation\n(1) The money of the Service Corporation is to be applied:\n(a) in payment or discharge of the costs, expenses and other\nobligations incurred by the Corporation in the performance of\nits functions and the exercise of its powers (including costs\nand expenses incurred by the corporation on behalf of the\nCouncil or a committee of the Council);\n(b) in payment of any remuneration or allowances payable under\nthis Act; and\n(c) in providing, or paying for, any other benefits that are\nauthorised under this Act.\n(2) Subsection (1) does not prevent investment of surplus money of the\nService Corporation under section 18 of the Commonwealth\nAuthorities and Companies Act 1997 of the Commonwealth as it\napplies to the Service Corporation under section 59 of the\nCommonwealth Act.\n\nNational Environment Protection Council (Northern Territory) Act 1994 23\n","sortOrder":64},{"sectionNumber":"57","sectionType":"section","heading":"Estimates","content":"57 Estimates\n(1) The NEPC Executive Officer is to prepare estimates, in such form\nas the 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\nCorporation must not be spent otherwise than in accordance with\nestimates of expenditure approved by the Council.\n(4) A direction, consent or approval for the purposes of this section is\nto be given by resolution of the Council carried in accordance with\nsection 28.\n","sortOrder":65},{"sectionNumber":"58","sectionType":"section","heading":"State audit, &c. legislation not to apply","content":"58 State audit, &c. legislation not to apply\nThe Financial Management Act 1995 does not apply to or in relation\nto the Service Corporation.\n","sortOrder":66},{"sectionNumber":"59","sectionType":"section","heading":"Special provisions relating to annual reports and financial","content":"59 Special provisions relating to annual reports and financial\nstatements\n(1) A report prepared by the Service Corporation under section 9 of the\nCommonwealth Authorities and Companies Act 1997 of the\nCommonwealth must also contain such other information as is\nrequired by the Council to be included in the report.\n(2) A copy of each report and of each set of financial statements given\nto the responsible Minister under section 9 of the Commonwealth\nAuthorities and Companies Act 1997 of the Commonwealth must\nalso be given to each of the other members of the Council as soon\nas practicable after the end of the financial year to which they\nrelate.\n","sortOrder":67},{"sectionNumber":"60","sectionType":"section","heading":"Powers and functions conferred under corresponding","content":"60 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\nthe powers and functions conferred on them by this Act, such\npowers and functions as are conferred on them by the Act of each\nother participating jurisdiction that corresponds to this Act.\n\nNational Environment Protection Council (Northern Territory) Act 1994 24\n","sortOrder":68},{"sectionNumber":"61","sectionType":"section","heading":"Delegation by Council","content":"61 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\nsections 14, 20 and 63) to the NEPC Committee, the Service\nCorporation 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":69},{"sectionNumber":"62","sectionType":"section","heading":"Acts done by Council","content":"62 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\nany opinion, is, on mere production, receivable as prima facie\nevidence that the Council has done the act or thing or formed\nthe opinion.\n(2) An act or thing done by the Council (whether by resolution,\ninstrument or otherwise) does not cease to have effect merely\nbecause of a change in the Council's membership.\n","sortOrder":70},{"sectionNumber":"63","sectionType":"section","heading":"Regulations","content":"63 Regulations\nThe Administrator may, on the recommendation of the Council,\nmake regulations, not inconsistent with this Act, prescribing all\nmatters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n","sortOrder":71},{"sectionNumber":"64","sectionType":"section","heading":"Reviews of operation of Act","content":"64 Reviews 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,\n\nNational Environment Protection Council (Northern Territory) Act 1994 25\nto be undertaken as soon as possible after the fifth anniversary of\nthe commencement of that corresponding Act of the\nCommonwealth.\n(2) The Minister must table a report of the review in the Legislative\nAssembly within one year after the fifth anniversary of that\ncommencement.\n(3) As soon as possible after the end of every 5-year period following\nthe review under subsection (1), the Council must cause a further\nreview of the kind set out in subsection (1) to be undertaken.\n(4) The Minister must table a report of each further review in the\nLegislative Assembly within one year after the end of the period to\nwhich it relates.\n\nNational Environment Protection Council (Northern Territory) Act 1994 26\nsection 6\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\ntenth part.\nWHEREAS\nOn 31 October 1990, Heads of Government of the Commonwealth, States\nand Territories of Australia, and representatives of Local Government in\nAustralia, meeting at a Special Premiers' Conference held in Brisbane, agreed\nto develop and conclude an Intergovernmental Agreement on the\nEnvironment to provide a mechanism 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;\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\nCommonwealth has responsibilities;\n\nNational Environment Protection Council (Northern Territory) Act 1994 27\nRECOGNISE that environmental concerns and impacts respect neither\nphysical nor political boundaries and are increasingly taking on\ninterjurisdictional, international and global significance in a way that was not\ncontemplated by those who framed the Australian Constitution;\nRECOGNISE that the concept of ecologically sustainable development\nincluding proper 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\nco-operative arrangements to achieve sustainable land use and to conserve\nand improve Australia's biota, and soil and water resources which are basic to\nthe maintenance of essential ecological processes and the production of food,\nfibre and 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\ndifferent levels of Government can be clearly and\nunambiguously defined;\n(ii) the extent to which duplication of functions between\ndifferent levels of Government can be avoided;\n(iii) the extent to which the total benefits and costs of\ndecisions to the community are explicit and transparent;\n(iv) the extent to which effective processes are established\nfor\nco-operation between governments on environmental\nissues; and\n(v) the extent to which responsible Governments are clearly\naccountable to the electorate for the development and\nimplementation of policy; and\nACKNOWLEDGE that in the development and implementation of\nenvironmental policy it is necessary to accommodate the regional\nenvironmental differences which occur within Australia;\nTHE PARTIES AGREE AS FOLLOWS:\nSECTION 1 – APPLICATION AND INTERPRETATION\n1.1 \"Commonwealth\" means the Commonwealth of Australia.\n\nNational Environment Protection Council (Northern Territory) Act 1994 28\n1.2 \"States\" means a State or Territory named as a party to this\n1.3 \"Local Government\" means a Local Government body established by\nor under a law of a State other than a body the sole or principal\nfunction of which is to provide a particular service (such as the supply\nof electricity or water).\n1.4 \"Australian Local Government Association\" means the Federation of\nState-wide Local Government Associations of the States, constituted\nby Local 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\nStates acting in accordance with the laws in force in their jurisdictions,\nwill accept and rely on the outcomes of that system or the practices,\nprocedures or processes, as the case may be, as a basis for their\ndecision making. In making the decision to accredit a system or\npractices, procedures or processes, the Commonwealth or the States\nmay make provision for how unforeseeable circumstances or flawed\nexecution may be taken into account. A decision to accept and rely on\nthe outcome does not preclude the Commonwealth or the States taking\nfactors into account in their decision making, other than those dealt\nwith in that system or those practices, procedures or processes.\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\nsame responsibilities and interests as each State has in relation to that\nState under paragraph 2.3.\n1.10 Section 2.2.3 of this Agreement should be read subject to the\nAustralian Capital Territory (Planning and Land Management)\nAct 1988.\n\nNational Environment Protection Council (Northern Territory) Act 1994 29\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\nterms of this Agreement. However in view of the responsibilities and\ninterests of local government in environmental matters and in\nrecognition of the partnership established between the three levels of\ngovernment by the Special Premiers Conference process, the\nCommonwealth and the States have included the Australian Local\nGovernment Association as a party to this Agreement and included\nreferences in the Agreement to local government and all levels of\ngovernment.\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 statues 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\nGovernments.\n1.13 Questions of interpretation of this Agreement are to be raised in the\nfirst instance in the appropriate Ministerial Council(s) after consultation\nby the Chair of the Ministerial Council with the President of the\nAustralian Local Government Association where appropriate. Where\nthese mechanisms do not resolve the interpretation, the matter will be\ndealt with by reference from 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\n2.2 RESPONSIBILITIES AND INTERESTS OF THE COMMONWEALTH\n2.2.1 The responsibilities and interests of the Commonwealth in\nsafeguarding and accommodating national environmental matters\ninclude:\n(i) matters of foreign policy relating to the environment and,\nin particular, negotiating and entering into international\nagreements relating to the environment and ensuring\nthat international obligations relating to the environment\nare met by Australia;\n\nNational Environment Protection Council (Northern Territory) Act 1994 30\n(ii) ensuring that the policies or practices of a State do not\nresult in significant adverse external effects in relation to\nthe environment of another State or the lands or\nterritories of the Commonwealth or maritime areas within\nAustralia's jurisdiction (subject to any existing\nCommonwealth legislative arrangements in relation to\nmaritime areas).\n(iii) facilitating the co-operative development of national\nenvironmental standards and guidelines as agreed in\nSchedules to this Agreement.\n2.2.2 When considering its responsibilities and interests under\nparagraph 2.2.1(ii), the Commonwealth will have regard to the role of\nthe States in dealing with significant adverse external effects as\ndetermined in 2.5.5 of this Agreement, and any action taken pursuant\nto 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\nhave no 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\nadministrative framework within which living and non living resources\nare managed within the State.\n2.3.3 The States have an interest in the development of Australia's position\nin relation 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\npolicies within its jurisdiction in co-operation with other levels of\nGovernment and 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\nNational Environment Protection Council (Northern Territory) Act 1994 31\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\nas follows:\n(i) the Commonwealth and the affected States will\ncooperatively set outcomes or standards and periodically\nreview progress in meeting those standards or achieving\nthose outcomes; or\n(ii) where outcomes or standards are impractical or\ninappropriate, the Commonwealth may approve or\naccredit a State's practices, procedures, and processes;\nor\n(iii) where the Commonwealth does not agree that State\npractices, procedures or processes are appropriate, the\nCommonwealth and the States concerned will\nendeavour to agree to modification of those practices,\nprocedures and processes to meet the needs of both the\nCommonwealth and the States concerned;\n(iv) where agreement is reached between the\nCommonwealth and a State under (iii) the\nCommonwealth will approve or accredit that State\npractice, procedure or process.\n2.5.1.2 Where it has approved or accredited practices, procedures or\nprocesses under 2.5.1.1 the Commonwealth will give full faith and\ncredit to the results of such practices, procedures and processes when\nexercising Commonwealth 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\nor processes, a State may enter into arrangements with the\nCommonwealth for that purpose.\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\nState responsibilities.\n\nNational Environment Protection Council (Northern Territory) Act 1994 32\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\nadministrative responsibilities 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\nresponsibility having regard to this Agreement and the Principles and\nProcedures for the Commonwealth-State Consultation on Treaties as\nagreed from time to time. In particular, the Commonwealth will consult\nwith the States in accordance with the Principles and Procedures, prior\nto entering into any such 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\nopportunity on any proposals for the development or\nrevision of international agreements which are relevant\nto Australia and which relate to the environment and will\ntake into account the views of the States in formulating\nAustralian policy, including consultation on issues\nrelating to roles, responsibilities and costs;\n(ii) when requested, include in appropriate cases, a\nrepresentative of the States on Australian delegations\nnegotiating international agreements related to the\nenvironment. Any such representation will be subject to\nthe approval of the Minister for Foreign Affairs and\nTrade, and will, unless otherwise agreed, be at the\nexpense of the States;\n(iii) prior to ratifying or acceding to, approving or accepting\nany international agreement with environmental\nsignificance, consult the States in an effort to secure\nagreement on the manner in which the obligations\nincurred should be implemented in Australia, consistent\nwith the roles and responsibilities established pursuant\nto this Agreement.\n\nNational Environment Protection Council (Northern Territory) Act 1994 33\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\ninternational agreement with environmental significance, the\nCommonwealth will consider, on a case by case basis, making the\nstandard Federal Statement on ratification, accession, approval or\nacceptance.\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\nthe Commonwealth to indicate whether that matter is a matter of\nCommonwealth interest.\n2.5.3.2 On receipt of a request from a State, the Commonwealth will consult\nwith that State. If the Commonwealth requires further information it will\nseek such information within six weeks. The Commonwealth will, as\nsoon as possible, or in any event within eight weeks after receipt of the\noriginal request, or six weeks after the provision of the further\ninformation, as the case may be, notify the State whether or not it\nconsiders that the matter does involve Commonwealth interests. If it\ndoes involve Commonwealth interests, the Commonwealth will notify all\nother States of the basis and scope of its interest.\n2.5.3.3 Where the Commonwealth wishes to determine whether or not a\nState agrees that an environmental matter in that State involves the\ninterests of the Commonwealth, it may seek advice from the State\nconcerned and the State and the Commonwealth will, if necessary,\nenter into discussions on the matter within four weeks after the State\nreceives the request for advice.\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\nCommonwealth and the States concerned will use their best\nendeavours to resolve the disagreement at First Minister level.\n2.5.4 Duplication of Interests\n\nNational Environment Protection Council (Northern Territory) Act 1994 34\n2.5.4.1 With a view to eliminating functional duplication, wherever the\ninterests of a level of Government have been accommodated, the\nrelevant levels of Government will review the need and justification for\nretaining any comparable 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\nmechanisms to be agreed at First Minister level, such as Ministerial\nCouncils, to coordinate and harmonise actions and to avoid disputes.\n2.5.4.3 Any review under clause 2.5.4.1 or liaison and consultation\nprocedures under 2.5.4.2 will be guided by the need to work towards\nsimplicity, certainty and transparency in the mechanisms relevant to the\ndevelopment and implementation of environmental policy, consistent\nwith the maintenance 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,\nprojects, legislation 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\nendeavours to establish appropriate mechanisms for ensuring\ncooperative management.\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\nadequately discharging their management responsibilities, the State or\nStates concerned 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\nshould be employed to resolve any disagreement or matter of concern,\nwhich mechanism or process may include inviting the Commonwealth\nto assist in the resolution of the matter.\n2.5.6 National Interest\n2.5.6.1 Notwithstanding the particular responsibilities of the Commonwealth\nin safeguarding and accommodating national environmental matters,\nthe parties agree that all levels of Government have a responsibility to\nensure that matters of national interest are properly taken into account\nin their activities.\n\nNational Environment Protection Council (Northern Territory) Act 1994 35\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\npractices and procedures, as a basis for ecologically sustainable\ndevelopment, will benefit both the Australian people and environment,\nand the international community and environment. This requires the\neffective integration of economic and environmental considerations in\ndecision-making processes, in order to improve community well-being\nand to benefit future generations.\n3.3 The parties consider that strong, growing and diversified economies\n(committed to the principles of ecologically sustainable development)\ncan enhance the capacity for environmental protection. In order to\nachieve sustainable economic development, there is a need for a\ncountry's international competitiveness to be maintained and enhanced\nin an environmentally 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,\nthe principles set out below should inform policy making and program\nimplementation.\n3.5.1 precautionary principle:\nWhere there are threats of serious or irreversible environmental\ndamage, lack of full scientific certainty should not be used as a reason\nfor postponing measures to prevent environmental degradation.\n\nNational Environment Protection Council (Northern Territory) Act 1994 36\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\nbenefit of 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 assets and\nservices\n• polluter pays i.e. those who generate pollution and waste should bear\nthe cost of containment, avoidance, or abatement\n• the users of goods and services should pay prices based on the full life\ncycle costs of providing goods and services, including the use of\nnatural resources and assets and the ultimate disposal of any wastes\n• environment goals, having been established, should be pursued in the\nmost cost effective way, by establishing incentive structures, including\nmarket mechanisms, which enable those best placed to maximise\nbenefits and/or minimise costs to develop their own solutions and\nresponses 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\nAgreement. The schedules have been prepared and are to be\ninterpreted in accordance with 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\nbetween the States, unless alterations or amendments to those\nagreements are proposed in accordance with any existing review\n\nNational Environment Protection Council (Northern Territory) Act 1994 37\nprocess and/or any review process arising as a result of this\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\nthe cooperative 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.\n5.2 The Agreement may be amended and schedules added by agreement\nof all 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\nand on behalf of the parties as at the day and year first above written.\nSIGNED by the Honourable PAUL\nJOHN KEATING, Prime Minister\nof the Commonwealth of Australia\n)\n)\nSIGNED by the Honourable\nNICHOLAS FRANK GREINER, Premier\nof the State of New South Wales\n)\n)\nSIGNED by the Honourable JOAN\nELIZABETH KIRNER, Premier of the\nState of Victoria\n)\n)\nSIGNED by the Honourable WAYNE\nKEITH GOSS, Premier of the\nState of Queensland\n)\n)\nSIGNED by the Honourable CARMEN\nMARY LAWRENCE, Premier of the\n)\n\nNational Environment Protection Council (Northern Territory) Act 1994 38\nState of Western Australia omitted\n)\nSIGNED by the Honourable JOHN\nCHARLES BANNON, Premier of the\nState of South Australia\n)\n)\nSIGNED by the Honourable RAYMOND\nJOHN GROOM, Premier of the State\nof Tasmania\n)\n)\n\nNational Environment Protection Council (Northern Territory) Act 1994 39\nSIGNED by ROSEMARY FOLLETT\nChief Minister of the\n)\n)\nSIGNED by the Honourable MARSHALL\nBRUCE PERRON, Chief Minister\nof the Northern Territory\nACCEPTANCE OF THE AGREEMENT BY THE\nNORTHERN TERRITORY IS SUBJECT TO THE\nRESERVATIONS SET OUT IN ANNEXURE A\nOF THIS AGREEMENT\n)\n)\nSIGNED by Councillor GRAEME\nBLATCHFORD FRECKER, President\nof the AUSTRALIAN LOCAL\nGOVERNMENT ASSOCIATION\n)\n)\n\nNational Environment Protection Council (Northern Territory) Act 1994 40\n","sortOrder":72},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Data collection and handling","content":"Schedule 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.\n2. The development of consistent standards for the description and\nexchange of all land-related information will be coordinated and\nfostered by the Australian Land Information Council in conjunction with\nStandards Australia 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\nprovide mechanisms to make the data more accessible across all\nlevels of government and the private sector. Any arrangements\nentered into will detail the circumstances in which the exchange and\nongoing sharing of data is appropriate. The intergovernmental\narrangements will be submitted to First Ministers for their approval no\nlater than twelve months after 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 co-ordination 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\nNational Environment Protection Council (Northern Territory) Act 1994 41\n","sortOrder":73},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Resource assessment, land use decisions","content":"Schedule 2 Resource assessment, land use decisions\nand approval processes\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\npolicy, legislative and administrative framework to determine the\npermissibility of any land use, resource use or development proposal\nhaving regard to the appropriate, efficient and ecologically sustainable\nuse of natural resources (including land, coastal and marine\nresources).\n3. The parties agree that policy, legislative and administrative frameworks\nto determine the permissibility of land use, resource use or\ndevelopment proposals should provide for:\n(i) the application and evaluation of comparable, high\nquality data which are available to all participants in the\nprocess;\n(ii) the assessment of the regional cumulative impacts of a\nseries of developments and not simply the consideration\nof individual development proposals in isolation;\n(iii) consideration of the regional implications, where\nproposals for the use of a resource affect several\njurisdictions;\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\nimplications.\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\nthese frameworks meet its responsibilities and interests as set out in\nthis Agreement. The Commonwealth will continue to co-operate with\nthe States in agreed programs.\n\nNational Environment Protection Council (Northern Territory) Act 1994 42\n5. Within the policy, legislative and administrative framework applying in\neach State, the use of natural resources and land, remain a matter for\nthe owners of the land or resources, whether they are Government\nbodies or private persons.\n6. To ensure that State land and resource use planning processes\nproperly address matters of Commonwealth interest, a State may refer\nits land and resource use planning system and its development\napproval process to the Commonwealth for a preliminary view, as to\nwhether its system or process can be accredited as accommodating\nCommonwealth interests. In the event that the Commonwealth is of\nthe view that the processes are inadequate to accommodate the\nCommonwealth interest, then the State will consider whether it wishes\nto review and modify the systems and processes and will consult with\nthe Commonwealth on terms of reference for 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\nresponsibilities.\n9. Within twelve months of the execution of this Agreement, the parties\nagree to reconsider the matters contained in this Schedule with a view\nto incorporating any relevant findings of the ecologically sustainable\ndevelopment process.\n\nNational Environment Protection Council (Northern Territory) Act 1994 43\n","sortOrder":74},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Environmental impact assessment","content":"Schedule 3 Environmental impact assessment\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\napplied by all levels of Government, to avoid duplication of process\nwhere more than one Government or level of Government is involved\nand interested in the subject matter of an assessment and to avoid\ndelays 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\nfollowing:\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\nclear guidance 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\non key issues and incorporating public concern together\nwith a clear outline of the process;\n(v) following the establishment of specific assessment\nguidelines, any amendments to those guidelines will be\nbased only on significant issues that have arisen\nfollowing the adoption of those guidelines;\n(vi) time schedules for all stages of the assessment process\nwill be set early on a proposal specific basis, in\nconsultations between the assessing authorities and the\nproponent;\n\nNational Environment Protection Council (Northern Territory) Act 1994 44\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\nelaborating environmental issues which much be taken\ninto account in decisions, and for protection of the\nenvironment;\n(ix) there will be full public disclosure of all information\nrelated to a proposal and its environmental impacts,\nexcept where there are legitimate reasons for\nconfidentiality including national security interests;\n(x) opportunities will be provided for appropriate and\nadequate public consultation on environmental aspects\nof proposals before the assessment process is\ncomplete;\n(xi) mechanisms will be developed to seek to resolve\nconflicts and disputes over issues which arise for\nconsideration during the course of the assessment\nprocess;\n(xii) the environmental impact assessment process will\nprovide a 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.\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\ngenerally or for specific purposes. Where such approval or\naccreditation has been given, the Commonwealth and the States agree\nthat they will give full faith and credit to the results of such processes\nwhen exercising their responsibilities.\n\nNational Environment Protection Council (Northern Territory) Act 1994 45\n","sortOrder":75},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"National environment protection measures","content":"Schedule 4 National environment protection measures\nGeneral Purpose\n1. The Commonwealth and the States acknowledge that there is benefit\nto the people of Australia in establishing national environment\nprotection standards, guidelines, goals and associated protocols\n(hereinafter referred to as measures) with the objectives of ensuring:\n(i) that people enjoy the benefit of equivalent protection\nfrom air, water and soil pollution and from noise,\nwherever they live;\n(ii) that decisions by business are not distorted and markets\nare not 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 in\nadministration.\nNational Environment Protection Authority\n2. The Commonwealth and the States agree to set up a Ministerial\nCouncil to be called the National Environment Protection Authority.\nEach State and the Commonwealth will nominate a Minister to be a\nmember of the Ministerial Council, with the Commonwealth Minister to\nchair the Council and decisions to be made by a two thirds majority of\nthe members of the Ministerial Council.\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\nthe Authority and an observer nominated by the\nPresident of the Australian Local Government\nAssociation who will seek and present the views of the\nAssociation. Each member is entitled to be\naccompanied by other persons who may be able to\nassist with the deliberations of the committee. Members\nof the committee will ensure that the Authority has\naccess to appropriate scientific and technical advice on\nenvironmental matters and on the economic and social\nimpacts 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\nNational Environment Protection Council (Northern Territory) Act 1994 46\n(iii) appropriate personnel seconded or otherwise provided\nby the parties to conduct continuing or specialist ad hoc\ntasks, as 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\nmarkets for goods and services;\n(iv) general guidelines for the assessment of site\ncontamination.\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 effectiveness.\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.\n\nNational Environment Protection Council (Northern Territory) Act 1994 47\n10. Publication of such drafts will be accompanied by an impact statement\nwhich includes:\n(i) the environmental objectives and reasons for the\nmeasures and the environmental impact of not adopting\nthose measures;\n(ii) alternatives considered to achieve the desired\nenvironmental objectives and the reasons for their non-\nadoption;\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\nor the impact statement.\n13. The Commonwealth undertakes to table in its Parliament (in\naccordance with the Commonwealth's existing practices in relation to\ndelegated legislation) all measures established by the Authority, and to\nuse its best endeavours to ensure their acceptance by the\nCommonwealth Parliament.\n14. The tabling of any measures in the Commonwealth Parliament will be\naccompanied by an impact statement covering the matters referred to\nin clause 10 and a summary of public comment received and the\nresponse to those comments.\n15. Either House of the Commonwealth Parliament can disallow any\nmeasure established by the Authority within a specified time.\n16. The Commonwealth and the States agree to develop for consideration\nby First 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\nmechanisms for the application of measures in the States. The\nlegislation will ensure that any measures established by the Authority:\n(a) will apply, as from the date of the commencement of the measure,\nthroughout Australia, as a valid law of each jurisdiction; and\n\nNational Environment Protection Council (Northern Territory) Act 1994 48\n(b) will, subject to clause 20, replace any existing measures dealing\nwith the same matter.\n** See Northern Territory reservation at end of document.\nImplementation, Enforcement, Impact and Reporting in Relation to\nNational Measures\n17. The Commonwealth and the States will be responsible for the\nattainment and maintenance of agreed national standards or goals and\ncompliance with national guidelines within their respective jurisdictions\nthrough appropriate mechanisms such as Commonwealth and State\nenvironment protection bodies.\n18. The Commonwealth and the States agree to establish a uniform\nhierarchy of offences and related penalty structures to apply to\nbreaches of any requirements applied under any agreed law for the\npurposes of complying with 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\nor to protect special environments or environmental values located\nwithin its jurisdiction provided there has been consultation with the\nAuthority.\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\nthe measures they adopt to attain and maintain the standards,\nguidelines, goals or protocols established pursuant to this Agreement\nand submit that report 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\nwill be tabled in all Parliaments, through the respective Ministers who\nare members of the Authority.\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\nNational Environment Protection Council (Northern Territory) Act 1994 49\n(ii) develop arrangements for consultation with relevant\nCommonwealth and State authorities, the Australian\nLocal Government 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\nFirst Ministers, the Commonwealth and the States will submit to their\nParliaments, and take such steps as are appropriate to secure the\npassage of, 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\nguide the formulation of strategies for the management\nof human activities which may affect the environment;\n(iii) a guideline provides guidance on possible means of\nmeeting desired environmental outcomes. Guidelines\nare not mandatory;\n(iv) a protocol is the description of a process to be followed\nin measuring environmental characteristics to determine\nwhether a standard or goal is being achieved or the\nextent of the differential between the measured\ncharacteristic and a standard or goal.\n\nNational Environment Protection Council (Northern Territory) Act 1994 50\n","sortOrder":76},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Climate change","content":"Schedule 5 Climate change\n1. The parties acknowledge the potentially significant impact of\ngreenhouse enhanced climate change on Australia's natural, social and\nworking environment, 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\nby the Montreal Protocol on Substances that Deplete the Ozone Layer)\nbased on 1988 levels, by the year 2000 and reducing these emissions\nby 20% by the year 2005. The parties reiterate their support, as\nagreed in October 1990, for the interim planning target to form the\nbasis of development of the National Greenhouse Response Strategy,\nsubject to Australia not implementing response measures that would\nhave net adverse economic impacts nationally or on Australia's trade\ncompetitiveness, in the absence of similar action by major greenhouse\ngas producing 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'\nConferences.\n3. The parties reiterate that a National Greenhouse Response Strategy\nbased on the interim planning target must include positive measures\nfor:\n• limiting emissions of all greenhouse gases, not controlled by the\nMontreal Protocol on Substances that Deplete the Ozone Layer;\n• conducting further research;\n• adapting to the impacts of climate change; and\n• ensuring that the community understands the need for early action on\nmeasures to reduce greenhouse gas emissions.\nThe parties also agree that such a strategy should include measures\nfor auditing and reporting on national greenhouse gas emissions.\n4. Taking into account regional differences, the parties recognise that\ndevelopment and implementation of the National Greenhouse\nResponse Strategy will require coordinated and effective action by all\nlevels of government and the community to achieve equitable and\necologically sustainable solutions.\n\nNational Environment Protection Council (Northern Territory) Act 1994 51\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\nSteering Committee.\n7. The National Greenhouse Steering Committee will have the following\nresponsibilities:\n(i) to facilitate the development and co-ordination of an\noverall framework for the National Greenhouse\nResponse Strategy;\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\nspecialised bodies such as the National Greenhouse\nAdvisory Committee, and make recommendations to\nFirst Ministers on proposed courses of action;\n(iii) to encourage development of the strategy in areas\nwhere it is 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\nproceeds.\n\nNational Environment Protection Council (Northern Territory) Act 1994 52\n","sortOrder":77},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Biological diversity","content":"Schedule 6 Biological diversity\n1. The parties acknowledge that biological diversity is a major and\nvaluable component 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,\nwhile having importance for nature conservation, is likely to have\nimplications across a wide range of Commonwealth and State\nresponsibilities and that the interests and responsibilities of the States\nand the Commonwealth which may be affected by the proposed\nConvention are not confined to any 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\nnominated from 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.\n7. The Australian and New Zealand Environment and Conservation\nCouncil, in consultation with and, where appropriate, joint co-operation\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.\n\nNational Environment Protection Council (Northern Territory) Act 1994 53\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\nNational Environment Protection Council (Northern Territory) Act 1994 54\n","sortOrder":78},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"National Estate","content":"Schedule 7 National Estate\n1. The parties acknowledge that the primary role of the Australian\nHeritage Commission 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\nresource planning decisions and that Section 30 of the Australian\nHeritage Commission Act 1975 applies only to decisions of the\nCommonwealth Ministers, Departments and Authorities. The parties\nrecognise however that some applications of s. 30 of the Act may have\nsignificant land and resource use planning implications.\n4. The Commonwealth supports the current practice whereby the\nAustralian Heritage Commission provides information on all places\nnominated to the Register of the National Estate or which are identified\nby studies, to the designated agencies in the relevant State. The\nCommonwealth agrees to support the current practice whereby the\nCommission seeks and considers the views of the relevant State on all\nnominated places before making a decision 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\ncoordination of responses to the Australian Heritage Commission on\nmatters related to National Estate nominations and listings.\n6. The Commonwealth supports the current practice whereby the\nAustralian Heritage Commission provides information to the relevant\nlocal government body on places to be given interim listings status at\nleast two months prior to any public notification of that interim listing.\n7. The parties agree that systematic, thematic and/or regional\nassessment is the preferred basis on which to assess the national\nestate value of an area.\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\nassessment processes that conform to national estate assessment\ncriteria which are set out in the Australian Heritage Commission\nAct 1975 can be accredited and relied upon by the Australian Heritage\nCommission as satisfying the requirements of the Commission.\n\nNational Environment Protection Council (Northern Territory) Act 1994 55\n9. The Commonwealth agrees that any State can negotiate with the\nCommission on improved forms of consultation concerning\ndevelopment of the Register of the National Estate generally.\n10. The Commonwealth and the States agree that there will be\nconsultation and agreement wherever possible on the timing of\nAustralian Heritage Commission and State assessment processes.\n11. Where there is an accredited or joint assessment of national estate\nvalues of the Commonwealth and/or the States will give full faith and\ncredit to the results of such assessment when exercising their\nresponsibilities.\n12. The Commonwealth and the States note that where there is an\naccredited or joint assessment of national estate values the Australian\nHeritage Commission will generally not, and in any event will not\nwithout consultation with the States, reconsider that assessment except\nwhere new and significant information is produced.\n\nNational Environment Protection Council (Northern Territory) Act 1994 56\n","sortOrder":79},{"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\nto future generations of Australia's natural and cultural heritage of\noutstanding universal value.\n2. The Commonwealth will consult the States and use its best endeavours\nto obtain their agreement on the compilation of an indicative list of\nWorld Heritage properties. The States agree to consult the relevant\nlocal government bodies and interested groups (including conservation\nand industry groups) on properties for inclusion on the indicative list\nprior to submission to the Commonwealth. Should conservation or any\nother groups or individuals make suggestions on an indicative list direct\nto the Commonwealth these will be referred to the relevant State for\ncomment.\n3. The Commonwealth will consult with the relevant State or States, and\nuse its best endeavours to obtain their agreement, on nominations to\nthe World 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\nof properties 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\nfar as practicable prior to the nomination. The management\narrangements will take into consideration the continuation of the State's\nmanagement responsibilities for the property while preserving the\nCommonwealth's responsibilities under the World Heritage Convention.\n\nNational Environment Protection Council (Northern Territory) Act 1994 57\n","sortOrder":80},{"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\nto ensure the survival of species and ecological communities, both\nterrestrial and aquatic, that make up Australia's biota. The parties\nrecognise that the protection and sound management of natural\nhabitats is of fundamental importance to this aim and that all levels of\nGovernment should use their best endeavours to conserve areas\ncritical to the protection of Australia's flora and fauna and the\nmaintenance of ecological processes that ensure biological productivity\nand 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 treaties;\n• exports, imports and quarantine.\nThe Commonwealth also has a particular interests in facilitating the\neffective and efficient co-ordination of nature conservation across all\njurisdictions.\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\navoid duplication of effort, to ensure appropriate outcomes and to\nmaximise the effectiveness of available resources.\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\nconservation, protection and management of native species and\nhabitats that occur in more than one jurisdiction. In addition to\nparticipating in such cooperative activities, the Commonwealth and the\nStates may take whatever action they deem appropriate within their\n\nNational Environment Protection Council (Northern Territory) Act 1994 58\nrespective jurisdictions to protect any native species and habitats which\nthey consider requires specific action.\n7. Within one year of the execution of the Agreement, the Australian and\nNew Zealand Environment and Conservation Council, in consultation\nwith relevant Ministerial Councils, will develop and report to First\nMinisters on a strategy for a national approach to the protection of rare,\nvulnerable and endangered species. The Australian and New Zealand\nEnvironment and Conservation Council will provide a progress report to\nFirst Ministers within six months.\n8. The report referred to in clause 7 will take into account the preparation\nof an `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\nCommonwealth Minister of the Arts, Sport, the Environment, Tourism\nand the Territories and will include the following:\n(i) the identification of Australia's rare, vulnerable and\nendangered species of flora and fauna;\n(ii) the options of off reserve protection of species and\nhabitats to complement the reserve system and the\nidentification of ecologically significant remnant\nvegetation;\n(iii) the manner in which all levels of Government might\nensure that land or resource use decision making\nprocesses explicitly identify circumstances where there\nis an impact on identified rare, vulnerable and\nendangered species and assess the nature of this\nimpact prior to taking a decision;\n(iv) the development of mechanisms on a cooperative basis\nto address cross-jurisdictional problems;\n(v) the setting of outcomes and goals and the allocation of\ntasks in relation to all States and the Commonwealth\nand monitoring and reporting on the achievement of\nthose outcomes and goals;\n(vi) the co-ordination of any research initiatives;\n(vii) the resource and financial implications and impacts of\nany national approach.\n9. The parties recognise the threat posed on both the natural environment\nand agricultural and maricultural production by pest species of\nintroduced plants and animals and acknowledge that a cooperative\nnational approach to their control has the potential to produce savings\n\nNational Environment Protection Council (Northern Territory) Act 1994 59\nfrom a reduction of duplication of existing effort. The parties agree that\nthe Commonwealth's role should be one of facilitating co-ordinated\nState efforts within its national approach. Due to the nature of the\nthreat, coordination of a national approach should be undertaken\nthrough the Australian and New Zealand Environment and\nConservation Council, the Australian Agricultural Council and the\nAustralian Fisheries Council.\n10. The parties agree to co-operate in fulfilling Australia's commitments\nunder international nature conservation treaties and recognise the\nCommonwealth's responsibilities in ensuring that those commitments\nare met.\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\nof wildlife and wildlife products. The Commonwealth and the States\nagree to 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\nresponsibility for parks and protected areas on its own land and any\nparks or protected areas it establishes in Australia's maritime areas\n(subject to any existing Commonwealth legislative arrangements in\nrelation to maritime areas), and to assist the States with common\nconcerns which have been identified by the Commonwealth and the\nStates to have national implications.\n13. The parties agree that a representative system of protected areas\nencompassing terrestrial, freshwater, estuarine and marine\nenvironments is a significant component in maintaining ecological\nprocesses and systems. It also provides a valuable basis for\nenvironmental education and environmental monitoring. Such a\nsystem will be enhanced by the development and application where\nappropriate of nationally consistent principles for management of\nreserves.\n14. The parties agree that the national approach to the conservation,\nprotection and management of native species and habitants may\ninclude the addition of new areas to reserve systems and protected\nareas, some of which may be under multiple land use regimes, where\nsuch multiple land use does not adversely affect the prime nature\nconservation function of the reserve or protected area.\n\nNational Environment Protection Council (Northern Territory) Act 1994 60\n15. The parties further recognise that the establishment and management\nof a reserve 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 co-operation to ensure that remnants\nthat are ecologically significant on a national scale are identified;\nmanagement and protection arrangements are consistent across\nborders; research initiatives are co-ordinated and not duplicated; and\nthat off-reserve protection activities complement the reserve system.\n16. The Commonwealth and the States agree to co-operate in the\ndevelopment of actions outlined in this schedule and that the Australian\nand New Zealand Environment and Conservation Council be the\nprimary forum of all co-ordination of nationwide nature conservation\nfunctions.\nAnnexure A Reservation by the Northern Territory\nThe Northern Territory in signing the 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\nTerritory, and accordingly is not bound by sub-clause 5(vi) and clause 7 of\nSchedule 4 to this Agreement.\nThe Northern Territory further notifies its intention to enter into discussions\nwith the other parties with the objective of securing the direct participation of\nrepresentatives of the Northern Territory Government concerned with\ntransport administration in any joint or collaborative processes among the\nCommonwealth, States and Territories for the establishment of measures for\nnational motor vehicle emission and noise standards.\n\nNational Environment Protection Council (Northern Territory) Act 1994 61\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nNational Environment Protection Council (Northern Territory) Act 1994 (Act No. 78,\n1994)\nAssent date 30 December 1994\nCommenced 15 September 1995 (Gaz S32, 14 September 1995)\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nNational Environment Protection Council (Northern Territory) Amendment Act 2004\n(Act No. 17, 2004)\nAssent date 15 March 2004\nCommenced 15 March 2004\nTransport Legislation Amendment Act 2020 (Act No. 23, 2020)\nAssent date 10 July 2020\nCommenced 1 July 2021 (Gaz G23, 9 June 2021, p 1)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 5 and 58.\n\nNational Environment Protection Council (Northern Territory) Act 1994 62\n4 LIST OF AMENDMENTS\ns 6 amd No. 17, 2004, s 3\ns 13 amd No. 17, 2004, s 4\ns 14 amd No. 23, 2020, s 72\ns 20 amd No. 17, 2004, s 5\npt 3\ndiv 2A hdg ins No. 17, 2004, s 6\nss 22A – 22C ins No. 17, 2004, s 6\ns 36 amd No. 17, 2004, s 7\ns 43 amd No. 17, 2004, s 8\ns 49 amd No. 17, 2004, s 9\ns 51 amd No. 17, 2004, s 10\ns 56 amd No. 17, 2004, s 11\ns 58 amd No. 27, 1999, s 15\ns 59 amd No. 17, 2004, s 12\ns 64 amd No. 17, 2004, s 13","sortOrder":81}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's core purpose—establishing an NEPC to make national environment protection measures—remains. Amendments narrowed and clarified scope in notable ways: motor‑vehicle technical noise and emission design standards were carved out unless made with the National Transport Commission (s14(2), amended by Transport Legislation Amendment Act 2020), and a minor‑variation procedure was added (ss22A–22C, inserted 2004) to allow unanimous, non‑significant changes without the full variation process. Administrative and implementation mechanisms (Service Corporation, Executive Officer, reporting and finance rules) have also been developed since the original Agreement (see ss35–56, 59, 64)."},"complexity_factors":["Multi‑jurisdictional structure: membership of ministers from Commonwealth, States and Territories and reliance on corresponding Acts across jurisdictions (ss8–11; s60).","Detailed procedural requirements for making, consulting on, varying and tabling measures, including mandatory notices, minimum consultation periods and required impact statements (ss14–19; ss22A–22C).","High voting and quorum thresholds and delegation limits (two‑thirds for decisions and quorum; s27–28; delegations exclude ss14, 20, 63; s61).","Parliamentary oversight: national measures are Commonwealth disallowable instruments, exposing them to federal disallowance (s21).","Institutional complexity: creation of a Service Corporation with separate finance, staffing (public and non‑public), contracting limits and Executive Officer control (ss35–41; ss49–52; s38).","Finance and accountability rules: appropriation, Treasurer directions, estimates, reporting and exemptions from Territory Financial Management Act (ss53–59).","Interplay with other regulatory regimes: explicit carve‑outs and coordination requirements for motor vehicle standards (s14(2)) and interaction with Commonwealth Acts and the NEPC Commonwealth Act (s5; s60).","Statutory review cycles and reporting obligations create ongoing administrative and compliance work (ss23–24; s64).","Amendment history: later insertions (e.g. Division 2A) and transport‑related amendments alter scope and add procedural options (endnotes; s14(2); ss22A–22C)."],"plain_english_summary":"This Act creates the National Environment Protection Council to make national environment protection measures (standards, goals, guidelines, protocols), sets formal drafting, consultation and parliamentary disallowance procedures, and establishes an NEPC Service Corporation and Executive Officer to support implementation.\n\nIt binds participating jurisdictions and affects governments, industry and the public by promoting consistent pollution and noise rules; costs are met by participating jurisdictions and the Service Corporation (ss53–56); motor‑vehicle technical standards are excluded unless developed with the National Transport Commission (s14(2))."},"kimi_summary":{"_metrics":{"completionTokens":994},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing the NEPC and framework for national environment protection measures. The 2004 amendments added a streamlined process for minor variations (Division 2A), and 2020 amendments updated motor vehicle emissions references to the Road Vehicle Standards Act 2018. These are operational refinements rather than scope expansion. The Schedule's inclusion of the full Intergovernmental Agreement was original to the 1994 Act."},"complexity_factors":["Mirror legislation structure — must align with Commonwealth and other State/Territory versions, creating interdependent interpretation requirements","47 defined terms in section 6, including nested definitions (e.g., 'participating jurisdiction' depends on 'participating State' and 'participating Territory')","Extensive cross-referencing to the Commonwealth Act (National Environment Protection Council Act 1994) — section 5 creates a special rule where NT expressions take Commonwealth meaning over local Interpretation Act","Detailed procedural requirements for making measures (sections 14-22) with multiple stages: notice, draft preparation, impact statement requirements, public consultation, consideration of submissions","Minor variation procedure (Division 2A, sections 22A-22C) creates parallel but streamlined process with different thresholds and timeframes","Complex governance structure: Council, NEPC Committee, Service Corporation, Executive Officer, with overlapping powers and delegation framework (section 61)","Schedule contains full Intergovernmental Agreement with 9 schedules covering diverse environmental topics, creating substantial additional interpretive context","Voting and quorum rules (sections 27-28) require two-thirds majority of all members, not just those present","Temporal complexity: Act commenced 1995, with amendments in 1999, 2004, 2020, requiring awareness of version control"],"plain_english_summary":"This is the Northern Territory's version of a national scheme to create consistent environmental protection rules across Australia. Here's what it does:\n\n**The big picture**\nThe Act sets up the **National Environment Protection Council (NEPC)** — a body where Commonwealth, State and Territory environment ministers work together to create national environmental standards. The goal is to stop a \"patchwork quilt\" of different rules across the country, so businesses don't face confusing requirements and Australians get the same environmental protection no matter where they live.\n\n**What the Council can do**\nThe Council can make **national environment protection measures** — these can be:\n- **Standards** (mandatory rules, like air quality limits)\n- **Goals** (desired environmental outcomes)\n- **Guidelines** (advice on how to achieve outcomes)\n- **Protocols** (methods for measuring environmental conditions)\n\nThese measures can cover air quality, water quality, noise affecting national markets, site contamination, hazardous waste, recycling, and motor vehicle emissions (though vehicle standards must be developed with transport authorities).\n\n**How decisions get made**\n- The Council needs a **two-thirds majority** to make decisions\n- The Commonwealth minister chairs the Council\n- Each participating jurisdiction nominates one minister\n\n**The process for new rules**\nBefore making any measure, the Council must:\n1. Publish a notice of intention\n2. Prepare a draft and an **impact statement** (explaining environmental, economic and social effects)\n3. Run **public consultation** for at least 2 months\n4. Consider all submissions\n\n**Minor changes**\nSince 2004, the Council can make **minor variations** by unanimous vote with a shorter consultation period (1 month).\n\n**What happens to the rules**\n- Measures are **disallowable instruments** — either house of Federal Parliament can veto them\n- The Northern Territory must implement each measure through its own laws\n- The Territory's Environment Minister must report annually on how well measures are working\n\n**The support structure**\n- **NEPC Service Corporation**: A corporate body that provides staff and support to the Council\n- **NEPC Executive Officer**: Runs the Corporation (appointed by the Council, up to 5-year terms)\n- **NEPC Committee**: Officials who advise the Council\n\n**The Intergovernmental Agreement**\nThe Schedule contains the full 1992 Agreement that established this cooperative framework. It covers principles like the **precautionary principle** (don't wait for full certainty before acting on serious threats), **intergenerational equity** (protect the environment for future generations), and **polluter pays**. It also sets out detailed arrangements for data sharing, environmental impact assessment, world heritage, nature conservation and more.\n\n**Northern Territory's special note**\nThe Territory made a reservation: it doesn't participate in the road transport agreement, so it has special arrangements for motor vehicle emission standards."}},"importantCases":[],"_links":{"self":"/api/acts/national-environment-protection-council-northern-territory-act-1994","history":"/api/acts/national-environment-protection-council-northern-territory-act-1994/history","analysis":"/api/acts/national-environment-protection-council-northern-territory-act-1994/analysis","conflicts":"/api/acts/national-environment-protection-council-northern-territory-act-1994/conflicts","importantCases":"/api/acts/national-environment-protection-council-northern-territory-act-1994/important-cases","documents":"/api/acts/national-environment-protection-council-northern-territory-act-1994/documents"}}