{"id":"qld:act-1994-044","name":"National Environment Protection Council (Queensland) Act 1994","slug":"national-environment-protection-council-queensland-act-1994","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"44 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104729,"registerId":"qld-act-1994-044-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the National Environment Protection Council (Queensland) Act 1994 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Object of Act","content":"### sec.3 Object of Act\n\nThe object of this Act is to ensure that, by means of the establishment and operation of the National Environment Protection Council—\npeople enjoy the benefit of equivalent protection from air, water or soil pollution and from noise, wherever they live in Australia; and\ndecisions of the business community are not distorted, and markets are not fragmented, by variations between participating jurisdictions in relation to the adoption or implementation of major environment protection measures.\n- (a) people enjoy the benefit of equivalent protection from air, water or soil pollution and from noise, wherever they live in Australia; and\n- (b) decisions of the business community are not distorted, and markets are not fragmented, by variations between participating jurisdictions in relation to the adoption or implementation of major environment protection measures.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth, the other States and the Territories.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Application of Acts of interpretation","content":"### sec.5 Application of Acts of interpretation\n\nIf an expression used in this Act or the regulations under this Act would (because of the Acts Interpretation Act 1954 ) have a different meaning from the meaning of the same expression used in the corresponding provision of the Commonwealth Act, the expression has the meaning it has in the Commonwealth Act, unless the contrary intention appears.\nAccordingly, the Acts Interpretation Act 1954 does not apply to the interpretation of that expression.\n(sec.5-ssec.1) If an expression used in this Act or the regulations under this Act would (because of the Acts Interpretation Act 1954 ) have a different meaning from the meaning of the same expression used in the corresponding provision of the Commonwealth Act, the expression has the meaning it has in the Commonwealth Act, unless the contrary intention appears.\n(sec.5-ssec.2) Accordingly, the Acts Interpretation Act 1954 does not apply to the interpretation of that expression.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Interpretation","content":"### sec.6 Interpretation\n\nIn this Act, unless the contrary intention appears—\nAgreement means the agreement made on 1 May 1992 between the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association, a copy of which is set out in the schedule.\nAustralian Local Government Association means the Australian Local Government Association Limited.\nCommonwealth Act means the National Environment Protection Council Act 1994 (Cwlth) .\nCouncil means the National Environment Protection Council established by section 8 .\nmember means a member of the Council.\nMinisterial Council means a council, comprising 1 or more Ministers of the Commonwealth and Ministers of 1 or more States or Territories, that includes environmental protection in its functions.\ns 6 def Ministerial Council ins 2003 No. 96 s 4\nminor variation , for a national environment measure, means a decision made under section 22A (1) to vary a national environment protection measure.\ns 6 def minor variation ins 2003 No. 96 s 4\nnational environment protection goal means a goal—\nthat relates to desired environmental outcomes; and\nthat guides the formulation of strategies for the management of human activities that may affect the environment.\nnational environment protection guideline means a guideline that gives guidance on possible means for achieving desired environmental outcomes.\nnational environment protection measure means a measure made under section 14 (1) .\nnational environment protection protocol means a protocol that relates to the process to be followed in measuring environmental characteristics to determine—\nwhether a particular standard or goal is being met or achieved; or\nthe extent of the difference between the measured characteristic of the environment and a particular standard or a particular goal.\nnational environment protection standard means a standard that consists of quantifiable characteristics of the environment against which 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, holds the office of NEPC Executive Officer established by section 39 and includes a person acting in that office.\nNEPC Service Corporation means the Corporation referred to in section 35 .\nparticipating jurisdiction means the Commonwealth, a participating State or a participating Territory.\nparticipating State means a State—\nthat is a party to the Agreement; and\nin which an Act that corresponds to this Act is in force in accordance with the Agreement.\nparticipating Territory means a Territory—\nthat is a party to the Agreement; and\nin which an Act that corresponds to this Act is in force in accordance with the Agreement.\nService Corporation means the NEPC Service Corporation.\nTerritory means the Australian Capital Territory or the Northern Territory.\nA reference in this Act to the implementation of national environment protection measures includes a reference to the enforcement of the laws and other arrangements made for the purpose of implementing those measures.\n(sec.6-ssec.1) In this Act, unless the contrary intention appears— Agreement means the agreement made on 1 May 1992 between the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association, a copy of which is set out in the schedule. Australian Local Government Association means the Australian Local Government Association Limited. Commonwealth Act means the National Environment Protection Council Act 1994 (Cwlth) . Council means the National Environment Protection Council established by section 8 . member means a member of the Council. Ministerial Council means a council, comprising 1 or more Ministers of the Commonwealth and Ministers of 1 or more States or Territories, that includes environmental protection in its functions. s 6 def Ministerial Council ins 2003 No. 96 s 4 minor variation , for a national environment measure, means a decision made under section 22A (1) to vary a national environment protection measure. s 6 def minor variation ins 2003 No. 96 s 4 national environment protection goal means a goal— that relates to desired environmental outcomes; and that guides the formulation of strategies for the management of human activities that may affect the environment. national environment protection guideline means a guideline that gives guidance on possible means for achieving desired environmental outcomes. national environment protection measure means a measure made under section 14 (1) . national environment protection protocol means a protocol that relates to the process to be followed in measuring environmental characteristics to determine— whether a particular standard or goal is being met or achieved; or the extent of the difference between the measured characteristic of the environment and a particular standard or a particular goal. national environment protection standard means a standard that consists of quantifiable characteristics of the environment against which environmental quality can be assessed. NEPC Committee means the committee established by section 29 . NEPC Executive Officer means the person who, from time to time, holds the office of NEPC Executive Officer established by section 39 and includes a person acting in that office. NEPC Service Corporation means the Corporation referred to in section 35 . participating jurisdiction means the Commonwealth, a participating State or a participating Territory. participating State means a State— that is a party to the Agreement; and in which an Act that corresponds to this Act is in force in accordance with the Agreement. participating Territory means a Territory— that is a party to the Agreement; and in which an Act that corresponds to this Act is in force in accordance with the Agreement. Service Corporation means the NEPC Service Corporation. Territory means the Australian Capital Territory or the Northern Territory.\n(sec.6-ssec.2) A reference in this Act to the implementation of national environment protection measures includes a reference to the enforcement of the laws and other arrangements made for the purpose of implementing those measures.\n- (a) that relates to desired environmental outcomes; and\n- (b) that guides the formulation of strategies for the management of human activities that may affect the environment.\n- (a) whether a particular standard or goal is being met or achieved; or\n- (b) the extent of the difference between the measured characteristic of the environment and a particular standard or a particular goal.\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 accordance with the Agreement.\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 accordance with the Agreement.","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Implementation of national environment protection measures","content":"### sec.7 Implementation of national environment protection measures\n\nIt is the intention of the Parliament that the State will, in compliance with its obligations under the Agreement, implement, by such laws and other arrangements as are necessary, each national environment protection measure in respect of activities that are subject to State law (including activities of the State and its instrumentalities).","sortOrder":7},{"sectionNumber":"pt.2","sectionType":"part","heading":"Establishment and membership of the National Environment Protection Council","content":"# Establishment and membership of the National Environment Protection Council","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"The National Environment Protection Council","content":"### sec.8 The National Environment Protection Council\n\nThe National Environment Protection Council is established.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Membership of the Council","content":"### sec.9 Membership of the Council\n\nThe Council consists of the following members—\na Minister of the Commonwealth who is nominated by the Prime Minister;\na Minister of each participating State who is nominated by the Premier of the State concerned;\na Minister of each participating Territory who is nominated by the Chief Minister of the Territory concerned.\nA member ceases to be a member if—\nthe participating State or participating Territory in respect of which the member is nominated ceases to be a participating State or participating Territory; or\nthe member ceases to be a Minister; or\nanother Minister of the same jurisdiction is nominated in substitution for the member.\nNominations under this section must be in writing.\nThe performance of a function or the exercise of a power by the Council is not affected by a vacancy or vacancies in the membership of the Council.\nAnything done by or in relation to a person purporting to act under a nomination under this section is not invalid merely because there was a defect or irregularity in connection with the nomination.\n(sec.9-ssec.1) The Council consists of the following members— a Minister of the Commonwealth who is nominated by the Prime Minister; a Minister of each participating State who is nominated by the Premier of the State concerned; a Minister of each participating Territory who is nominated by the Chief Minister of the Territory concerned.\n(sec.9-ssec.2) A member ceases to be a member if— the participating State or participating Territory in respect of which the member is nominated ceases to be a participating State or participating Territory; or the member ceases to be a Minister; or another Minister of the same jurisdiction is nominated in substitution for the member.\n(sec.9-ssec.3) Nominations under this section must be in writing.\n(sec.9-ssec.4) The performance of a function or the exercise of a power by the Council is not affected by a vacancy or vacancies in the membership of the Council.\n(sec.9-ssec.5) Anything done by or in relation to a person purporting to act under a nomination under this section is not invalid merely because there was a defect or irregularity in connection with the nomination.\n- (a) a Minister of the Commonwealth who is nominated by the Prime Minister;\n- (b) a Minister of each participating State who is nominated by the Premier of the State concerned;\n- (c) a Minister of each participating Territory who is nominated by the Chief Minister of the Territory concerned.\n- (a) the participating State or participating Territory in respect of which the member is nominated ceases to be a participating State or participating Territory; or\n- (b) the member ceases to be a Minister; or\n- (c) another Minister of the same jurisdiction is nominated in substitution for the member.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Chairperson of the Council","content":"### sec.10 Chairperson of the Council\n\nThe member referred to in section 9 (1) (a) is the Chairperson of the Council.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Deputies","content":"### sec.11 Deputies\n\nThe Prime Minister, the Premier of a participating State or the Chief Minister of a participating Territory may nominate a Minister to be the deputy of the Minister nominated under section 9 .\nIn the event of the absence or unavailability of the chairperson, or of another member, the Minister nominated as the deputy of the chairperson or of that other member—\nmay act in the place of the chairperson or of that other member; and\nwhile so acting, has all the functions and powers of the chairperson or of that other member.\nNominations under this section must be in writing.\nAnything done by or in relation to a person purporting to act under a nomination under subsection (1) is not invalid merely because—\nthere was a defect or irregularity in connection with the nomination; or\nthe occasion to act had not arisen or had ceased.\n(sec.11-ssec.1) The Prime Minister, the Premier of a participating State or the Chief Minister of a participating Territory may nominate a Minister to be the deputy of the Minister nominated under section 9 .\n(sec.11-ssec.2) In the event of the absence or unavailability of the chairperson, or of another member, the Minister nominated as the deputy of the chairperson or of that other member— may act in the place of the chairperson or of that other member; and while so acting, has all the functions and powers of the chairperson or of that other member.\n(sec.11-ssec.3) Nominations under this section must be in writing.\n(sec.11-ssec.4) Anything done by or in relation to a person purporting to act under a nomination under subsection (1) is not invalid merely because— there was a defect or irregularity in connection with the nomination; or the occasion to act had not arisen or had ceased.\n- (a) may act in the place of the chairperson or of that other member; and\n- (b) while so acting, has all the functions and powers of the chairperson or of that other member.\n- (a) there was a defect or irregularity in connection with the nomination; or\n- (b) the occasion to act had not arisen or had ceased.","sortOrder":12},{"sectionNumber":"pt.3","sectionType":"part","heading":"Functions and powers of the Council","content":"# Functions and powers of the Council","sortOrder":13},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Functions of the Council","content":"### sec.12 Functions of the Council\n\nThe Council has the following functions—\nto make national environment protection measures in accordance with division 2 ;\nto assess and report on the implementation and effectiveness, in participating jurisdictions, of national environment protection measures.\n- (a) to make national environment protection measures in accordance with division 2 ;\n- (b) to assess and report on the implementation and effectiveness, in participating jurisdictions, of national environment protection measures.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Powers of the Council","content":"### sec.13 Powers of the Council\n\nThe Council has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions, and, in particular, has power to—\nconsult with appropriate persons and bodies; and\nobtain advice and assistance from the NEPC Committee or from another committee established by the Council under section 33 ; and\nundertake or commission research; and\npublish reports relating to the functions and powers of the Council; and\nprovide information to the public (including industry); and\nconsult with relevant Commonwealth, State and Territory bodies; and\nconsult with the Australian Local Government Association; and\ndirect the Service Corporation to provide assistance and support to other Ministerial Councils.\ns 13 amd 2003 No. 96 s 5\n- (a) consult with appropriate persons and bodies; and\n- (b) obtain advice and assistance from the NEPC Committee or from another committee established by the Council under section 33 ; and\n- (c) undertake or commission research; and\n- (d) publish reports relating to the functions and powers of the Council; and\n- (e) provide information to the public (including industry); and\n- (f) consult with relevant Commonwealth, State and Territory bodies; and\n- (g) consult with the Australian Local Government Association; and\n- (h) direct the Service Corporation to provide assistance and support to other Ministerial Councils.","sortOrder":16},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Making of national environment protection measures","content":"## Making of national environment protection measures","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Council may make national environment protection measures","content":"### sec.14 Council may make national environment protection measures\n\nThe Council may, by instrument in writing, make a measure, to be known as a national environment protection measure, that relates to any 1 or more of the following—\nambient air quality;\nambient marine, estuarine and fresh water quality;\nthe protection of amenity in relation to noise (but only if differences in environmental requirements relating to noise would have an adverse effect on national markets for goods and services);\ngeneral guidelines for the assessment of site contamination;\nenvironmental impacts associated with hazardous wastes;\nthe re-use and recycling of used materials;\nexcept as provided in subsection (2) , motor vehicle noise and emissions.\nNoise and emission standards relating to the design, construction and technical characteristics of new and in-service motor vehicles may only—\nbe developed and agreed in conjunction with the National Transport Commission; and\nbe determined in accordance with the National Transport Commission Act 2003 (Cwlth) and, where appropriate, the Road Vehicle Standards Act 2018 (Cwlth) .\nNational environment protection measures must each comprise 1 or more of the following—\na national environment protection standard;\na national environment protection goal;\na national environment protection guideline;\na national environment protection protocol.\ns 14 amd 2007 No. 36 s 2 sch ; 2019 No. 29 s 6I\n(sec.14-ssec.1) The Council may, by instrument in writing, make a measure, to be known as a national environment protection measure, that relates to any 1 or more of the following— ambient air quality; ambient marine, estuarine and fresh water quality; the protection of amenity in relation to noise (but only if differences in environmental requirements relating to noise would have an adverse effect on national markets for goods and services); general guidelines for the assessment of site contamination; environmental impacts associated with hazardous wastes; the re-use and recycling of used materials; except as provided in subsection (2) , motor vehicle noise and emissions.\n(sec.14-ssec.2) Noise and emission standards relating to the design, construction and technical characteristics of new and in-service motor vehicles may only— be developed and agreed in conjunction with the National Transport Commission; and be determined in accordance with the National Transport Commission Act 2003 (Cwlth) and, where appropriate, the Road Vehicle Standards Act 2018 (Cwlth) .\n(sec.14-ssec.3) National environment protection measures must each comprise 1 or more of the following— a national environment protection standard; a national environment protection goal; a national environment protection guideline; a national environment protection protocol.\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 differences in environmental requirements relating to noise would have an adverse effect on national markets for goods and 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 emissions.\n- (a) be developed and agreed in conjunction with the National Transport Commission; and\n- (b) be determined in accordance with the National Transport Commission Act 2003 (Cwlth) and, where appropriate, the Road Vehicle Standards Act 2018 (Cwlth) .\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.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"General considerations in making national environment protection measures","content":"### sec.15 General considerations in making national environment protection measures\n\nIn making any national environment protection measure, the Council must have regard to—\nwhether the measure is consistent with section 3 of the Agreement; and\nthe environmental, economic and social impact of the measure; and\nthe simplicity, efficiency and effectiveness of the administration of the measure; and\nwhether the most effective means of achieving the desired environmental outcomes of the measure is by means of a national environment protection standard, goal or guideline or any particular combination of them; and\nthe relationship of the measure to existing inter-governmental mechanisms; and\nrelevant international agreements to which Australia is a party; and\nany regional environmental differences in Australia.\n- (a) whether the measure is consistent with section 3 of the Agreement; and\n- (b) the environmental, economic and social impact of the measure; and\n- (c) the simplicity, efficiency and effectiveness of the administration of the measure; and\n- (d) whether the most effective means of achieving the desired environmental outcomes of the measure is by means of a national environment protection standard, goal or guideline or any particular combination of them; and\n- (e) the relationship of the measure to existing inter-governmental mechanisms; and\n- (f) relevant international agreements to which Australia is a party; and\n- (g) any regional environmental differences in Australia.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Council to give notice of intention to prepare a draft of proposed measure","content":"### sec.16 Council to give notice of intention to prepare a draft of proposed measure\n\nIf the Council intends to make a national environment protection measure, the Council must publish a notice—\nspecifying the subject of the proposed measure; and\nstating that the Council intends to prepare a draft of the proposed measure.\nThe notice must—\nbe published in the Commonwealth of Australia Gazette; and\nso far as each participating State or Territory is concerned—also be published, on at least 2 days during the month when the Commonwealth of Australia Gazette notice is published, in a newspaper circulating in that State or Territory.\n(sec.16-ssec.1) If the Council intends to make a national environment protection measure, the Council must publish a notice— specifying the subject of the proposed measure; and stating that the Council intends to prepare a draft of the proposed measure.\n(sec.16-ssec.2) The notice must— be published in the Commonwealth of Australia Gazette; and so far as each participating State or Territory is concerned—also be published, on at least 2 days during the month when the Commonwealth of Australia Gazette notice is published, in a newspaper circulating in that State or Territory.\n- (a) specifying the subject of the proposed measure; and\n- (b) stating that the Council intends to prepare a draft of the proposed measure.\n- (a) be published in the Commonwealth of Australia Gazette; and\n- (b) so far as each participating State or Territory is concerned—also be published, on at least 2 days during the month when the Commonwealth of Australia Gazette notice is published, in a newspaper circulating in that State or Territory.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Council to prepare draft of proposed measure and impact statement","content":"### sec.17 Council to prepare draft of proposed measure and impact statement\n\nBefore making any national environment protection measure and not earlier than 30 days after the day on which section 16 (2) (b) has been fully complied with in all participating jurisdictions, the Council must prepare—\na draft of the proposed measure; and\nan impact statement relating to the proposed measure that includes the following—\nthe desired environmental outcomes;\nthe reasons for the proposed measure and the environmental impact of not making the measure;\na statement of the alternative methods of achieving the desired environmental outcomes and the reasons why those alternatives have not been adopted;\nan identification and assessment of the economic and social impact on the community (including industry) of making the proposed measure;\na statement of the manner in which any regional environmental differences in Australia have been addressed in the development of the proposed measure;\nthe intended date for making the proposed measure;\nthe timetable (if any) for the implementation of the proposed measure;\nthe transitional arrangements (if any) in relation to the proposed measure.\n- (a) a draft of the proposed measure; and\n- (b) an impact statement relating to the proposed measure that includes the following— (i) the desired environmental outcomes; (ii) the reasons for the proposed measure and the environmental impact of not making the measure; (iii) a statement of the alternative methods of achieving the desired environmental outcomes and the reasons why those alternatives have not been adopted; (iv) an identification and assessment of the economic and social impact on the community (including industry) of making the proposed measure; (v) a statement of the manner in which any regional environmental differences in Australia have been addressed in the development of the proposed measure; (vi) the intended date for making the proposed measure; (vii) the timetable (if any) for the implementation of the proposed measure; (viii) the transitional arrangements (if any) in relation to the proposed measure.\n- (i) the desired environmental outcomes;\n- (ii) the reasons for the proposed measure and the environmental impact of not making the measure;\n- (iii) a statement of the alternative methods of achieving the desired environmental outcomes and the reasons why those alternatives have not been adopted;\n- (iv) an identification and assessment of the economic and social impact on the community (including industry) of making the proposed measure;\n- (v) a statement of the manner in which any regional environmental differences in Australia have been addressed 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 proposed measure;\n- (viii) the transitional arrangements (if any) in relation to the proposed measure.\n- (i) the desired environmental outcomes;\n- (ii) the reasons for the proposed measure and the environmental impact of not making the measure;\n- (iii) a statement of the alternative methods of achieving the desired environmental outcomes and the reasons why those alternatives have not been adopted;\n- (iv) an identification and assessment of the economic and social impact on the community (including industry) of making the proposed measure;\n- (v) a statement of the manner in which any regional environmental differences in Australia have been addressed 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 proposed measure;\n- (viii) the transitional arrangements (if any) in relation to the proposed measure.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Public consultation","content":"### sec.18 Public consultation\n\nBefore making a national environment protection measure, the Council must publish a notice—\nstating how the draft of the proposed measure and the impact statement may be obtained; and\ninviting submissions to the Council on the proposed measure, or on the impact statement, within a specified period.\nA notice must—\nbe published in the Commonwealth of Australia Gazette; and\nso far as each participating State or Territory is concerned—also be published, on at least 2 days during the month when the Commonwealth of Australia Gazette notice is published, in a newspaper circulating in that State or Territory.\nThe period specified in each notice under subsection (1) must end not less than 2 months after the day on which subsection (2) (b) has been fully complied with in all participating jurisdictions.\n(sec.18-ssec.1) Before making a national environment protection measure, the Council must publish a notice— stating how the draft of the proposed measure and the impact statement may be obtained; and inviting submissions to the Council on the proposed measure, or on the impact statement, within a specified period.\n(sec.18-ssec.2) A notice must— be published in the Commonwealth of Australia Gazette; and so far as each participating State or Territory is concerned—also be published, on at least 2 days during the month when the Commonwealth of Australia Gazette notice is published, in a newspaper circulating in that State or Territory.\n(sec.18-ssec.3) The period specified in each notice under subsection (1) must end not less than 2 months after the day on which subsection (2) (b) has been fully complied with in all participating jurisdictions.\n- (a) stating how the draft of the proposed measure and the impact statement may be obtained; and\n- (b) inviting submissions to the Council on the proposed measure, or on the impact statement, within a specified period.\n- (a) be published in the Commonwealth of Australia Gazette; and\n- (b) so far as each participating State or Territory is concerned—also be published, on at least 2 days during the month when the Commonwealth of Australia Gazette notice is published, in a newspaper circulating in that State or Territory.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Council to have regard to impact statements and submissions","content":"### sec.19 Council to have regard to impact statements and submissions\n\nIn making a national environment protection measure, the Council is to have regard, in addition to the matters referred to in section 15 , to—\nthe impact statement that relates to the measure; and\nany submissions it receives that relate to the measure or to the impact statement; and\nany advice from the NEPC Committee or from a committee established under section 33 .\n- (a) the impact statement that relates to the measure; and\n- (b) any submissions it receives that relate to the measure or to the impact statement; and\n- (c) any advice from the NEPC Committee or from a committee established under section 33 .","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Variation or revocation of measures","content":"### sec.20 Variation or revocation of measures\n\nThe Council may vary or revoke any national environment protection measure.\nIf the Council intends to vary or revoke a national environment protection measure, the Council must publish a notice specifying the measure that the Council intends varying or revoking.\nThe notice must—\nbe published in the Commonwealth of Australia Gazette; and\nso far as each participating State or Territory is concerned—also be published, on at least 2 days during the month when the Commonwealth of Australia Gazette notice is published, in a newspaper circulating in that State or Territory.\nSections 15 , 17 , 18 and 19 apply to a variation or revocation of a national environment protection measure as if—\na reference to making a national environment protection measure were a reference to a variation or revocation of a national environment protection measure, as the case may be; and\na reference to a national environment protection measure were a reference to the variation or revocation of such a measure, as the case may be; and\na reference to a proposed national environment protection measure were a reference to a proposed variation or proposed revocation of such a measure, as the case may be; and\nthe reference in section 17 to the day on which section 16 (2) (b) has been fully complied with in all participating jurisdictions were a reference to the day on which subsection (3) (b) has been fully complied with in all participating jurisdictions.\nSubsections (2) to (4) do not apply to a minor variation of a national environment protection measure under division 2A .\ns 20 amd 2003 No. 96 s 6\n(sec.20-ssec.1) The Council may vary or revoke any national environment protection measure.\n(sec.20-ssec.2) If the Council intends to vary or revoke a national environment protection measure, the Council must publish a notice specifying the measure that the Council intends varying or revoking.\n(sec.20-ssec.3) The notice must— be published in the Commonwealth of Australia Gazette; and so far as each participating State or Territory is concerned—also be published, on at least 2 days during the month when the Commonwealth of Australia Gazette notice is published, in a newspaper circulating in that State or Territory.\n(sec.20-ssec.4) Sections 15 , 17 , 18 and 19 apply to a variation or revocation of a national environment protection measure as if— a reference to making a national environment protection measure were a reference to a variation or revocation of a national environment protection measure, as the case may be; and a reference to a national environment protection measure were a reference to the variation or revocation of such a measure, as the case may be; and a reference to a proposed national environment protection measure were a reference to a proposed variation or proposed revocation of such a measure, as the case may be; and the reference in section 17 to the day on which section 16 (2) (b) has been fully complied with in all participating jurisdictions were a reference to the day on which subsection (3) (b) has been fully complied with in all participating jurisdictions.\n(sec.20-ssec.5) Subsections (2) to (4) do not apply to a minor variation of a national environment protection measure under division 2A .\n- (a) be published in the Commonwealth of Australia Gazette; and\n- (b) so far as each participating State or Territory is concerned—also be published, on at least 2 days during the month when the Commonwealth of Australia Gazette notice is published, in a newspaper circulating in that State or Territory.\n- (a) a reference to making a national environment protection measure were a reference to a variation or revocation of a national environment protection measure, as the case may be; and\n- (b) a reference to a national environment protection measure were a reference to the variation or revocation of such a measure, as the case may be; and\n- (c) a reference to a proposed national environment protection measure were a reference to a proposed variation or proposed revocation of such a measure, as the case may be; and\n- (d) the reference in section 17 to the day on which section 16 (2) (b) has been fully complied with in all participating jurisdictions were a reference to the day on which subsection (3) (b) has been fully complied with in all participating jurisdictions.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"National environment protection measures to be Commonwealth disallowable instruments","content":"### sec.21 National environment protection measures to be Commonwealth disallowable instruments\n\nSection 21 of the Commonwealth Act applies to national environment protection measures made by the Council.\nAny such measure ceases to have effect if it is disallowed by either House of the Parliament of the Commonwealth or if it otherwise ceases to have effect for the purposes of the Commonwealth Act.\n(sec.21-ssec.1) Section 21 of the Commonwealth Act applies to national environment protection measures made by the Council.\n(sec.21-ssec.2) Any such measure ceases to have effect if it is disallowed by either House of the Parliament of the Commonwealth or if it otherwise ceases to have effect for the purposes of the Commonwealth Act.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Failure to comply with procedural requirements","content":"### sec.22 Failure to comply with procedural requirements\n\nIf—\nthe Council fails to comply with a particular procedural requirement of this Act in making a national environment protection measure; but\ndespite that failure the Council has substantially complied with the procedural requirements of this Act for making that measure,\nthe failure does not invalidate the measure so made.\n- (a) the Council fails to comply with a particular procedural requirement of this Act in making a national environment protection measure; but\n- (b) despite that failure the Council has substantially complied with the procedural requirements of this Act for making that measure,","sortOrder":26},{"sectionNumber":"pt.3-div.2A","sectionType":"division","heading":"Minor variation of national environment protection measures","content":"## Minor variation of national environment protection measures","sortOrder":27},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Minor variation of measures","content":"### sec.22A Minor variation of measures\n\nThe Council may vary a national environment protection measure if—\nthe variation is supported by a unanimous resolution of all the members; and\nthe resolution states that the variation does not involve a significant change in the effect of the national environment protection measure.\nA variation under this section is a minor variation.\nIf the Council decides that a variation does not involve a significant change in the effect of the national environment protection measure, the Council must prepare—\na draft of the proposed variation; and\na statement about the variation explaining each of the following—\nthe reasons for the proposed variation;\nthe nature and effect of the proposed variation;\nthe reasons why the Council is satisfied the proposed variation is a minor variation.\ns 22A ins 2003 No. 96 s 7\n(sec.22A-ssec.1) The Council may vary a national environment protection measure if— the variation is supported by a unanimous resolution of all the members; and the resolution states that the variation does not involve a significant change in the effect of the national environment protection measure.\n(sec.22A-ssec.2) A variation under this section is a minor variation.\n(sec.22A-ssec.3) If the Council decides that a variation does not involve a significant change in the effect of the national environment protection measure, the Council must prepare— a draft of the proposed variation; and a statement about the variation explaining each of the following— the reasons for the proposed variation; the nature and effect of the proposed variation; the reasons why the Council is satisfied the proposed variation is a minor variation.\n- (a) the variation is supported by a unanimous resolution of all the members; and\n- (b) the resolution states that the variation does not involve a significant change in the effect of the national environment protection measure.\n- (a) a draft of the proposed variation; and\n- (b) a statement about the variation explaining each of the following— (i) the reasons for the proposed variation; (ii) the nature and effect of the proposed variation; (iii) the reasons why the Council is satisfied the proposed variation is a minor variation.\n- (i) the reasons for the proposed variation;\n- (ii) the nature and effect of the proposed variation;\n- (iii) the reasons why the Council is satisfied the proposed variation is a minor variation.\n- (i) the reasons for the proposed variation;\n- (ii) the nature and effect of the proposed variation;\n- (iii) the reasons why the Council is satisfied the proposed variation is a minor variation.","sortOrder":28},{"sectionNumber":"sec.22B","sectionType":"section","heading":"Public consultation for minor variation","content":"### sec.22B Public consultation for minor variation\n\nBefore making a minor variation to a national environment protection measure, the Council must publish a notice—\nstating how the draft of the proposed variation and the explanatory statement may be obtained; and\ninviting submissions to the Council on the proposed variation, or on the explanatory statement, within a stated period.\nThe notice must—\nbe published in the Commonwealth of Australia Gazette; and\nin each participating State or Territory concerned—also be published, on at least 1 day during the month when the gazette notice is published, in a newspaper circulating in the State or Territory.\nThe period stated in the notice must end at least 1 month after the day on which subsection (2) (b) has been fully complied with in all participating jurisdictions.\ns 22B ins 2003 No. 96 s 7\n(sec.22B-ssec.1) Before making a minor variation to a national environment protection measure, the Council must publish a notice— stating how the draft of the proposed variation and the explanatory statement may be obtained; and inviting submissions to the Council on the proposed variation, or on the explanatory statement, within a stated period.\n(sec.22B-ssec.2) The notice must— be published in the Commonwealth of Australia Gazette; and in each participating State or Territory concerned—also be published, on at least 1 day during the month when the gazette notice is published, in a newspaper circulating in the State or Territory.\n(sec.22B-ssec.3) The period stated in the notice must end at least 1 month after the day on which subsection (2) (b) has been fully complied with in all participating jurisdictions.\n- (a) stating how the draft of the proposed variation and the explanatory statement may be obtained; and\n- (b) inviting submissions to the Council on the proposed variation, or on the explanatory statement, within a stated period.\n- (a) be published in the Commonwealth of Australia Gazette; and\n- (b) in each participating State or Territory concerned—also be published, on at least 1 day during the month when the gazette notice is published, in a newspaper circulating in the State or Territory.","sortOrder":29},{"sectionNumber":"sec.22C","sectionType":"section","heading":"Council to have regard to submissions etc.","content":"### sec.22C Council to have regard to submissions etc.\n\nIn making a minor variation to a national environment protection measure, the Council must have regard to each of the following—\nall submissions it receives that relate to the proposed variation or the explanatory statement;\nwhether the measure is consistent with section 3 of the Agreement;\nrelevant international agreements to which Australia is a party;\nany regional environmental differences in Australia.\ns 22C ins 2003 No. 96 s 7\n- (a) all submissions it receives that relate to the proposed variation or the explanatory statement;\n- (b) whether the measure is consistent with section 3 of the Agreement;\n- (c) relevant international agreements to which Australia is a party;\n- (d) any regional environmental differences in Australia.","sortOrder":30},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Assessment and reporting on implementation and effectiveness of measures","content":"## Assessment and reporting on implementation and effectiveness of measures","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"Report by Minister on implementation and effectiveness of measures","content":"### sec.23 Report by Minister on implementation and effectiveness of measures\n\nThe Minister of the State who is a member of the Council is, after each reporting year of the Council, to prepare a report on the implementation of national environment protection measures during that year by the State and the effectiveness of those measures.\nA report under subsection (1) must be submitted to the Council by the 30 September next following each reporting year.\nIn this section—\nreporting year means a year ending on 30 June.\n(sec.23-ssec.1) The Minister of the State who is a member of the Council is, after each reporting year of the Council, to prepare a report on the implementation of national environment protection measures during that year by the State and the effectiveness of those measures.\n(sec.23-ssec.2) A report under subsection (1) must be submitted to the Council by the 30 September next following each reporting year.\n(sec.23-ssec.3) In this section— reporting year means a year ending on 30 June.","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Annual report of Council","content":"### sec.24 Annual report of Council\n\nThe Council must, as soon as practicable after 30 September in each year, prepare a report of its operations during the year ended on the preceding 30 June.\nA report prepared under subsection (1) must include—\na copy of the report the Council receives under section 23 and copies of the reports for the year that it receives from the Commonwealth and other State and Territory Ministers under corresponding legislation; and\nthe Council’s overall assessment of the implementation and effectiveness of national environment protection measures having regard to all of the reports referred to in paragraph (a) .\nThe Minister must table a copy of the report in the Legislative Assembly within 7 sitting days after the Council formally adopts the report.\n(sec.24-ssec.1) The Council must, as soon as practicable after 30 September in each year, prepare a report of its operations during the year ended on the preceding 30 June.\n(sec.24-ssec.2) A report prepared under subsection (1) must include— a copy of the report the Council receives under section 23 and copies of the reports for the year that it receives from the Commonwealth and other State and Territory Ministers under corresponding legislation; and the Council’s overall assessment of the implementation and effectiveness of national environment protection measures having regard to all of the reports referred to in paragraph (a) .\n(sec.24-ssec.3) The Minister must table a copy of the report in the Legislative Assembly within 7 sitting days after the Council formally adopts the report.\n- (a) a copy of the report the Council receives under section 23 and copies of the reports for the year that it receives from the Commonwealth and other State and Territory Ministers under corresponding legislation; and\n- (b) the Council’s overall assessment of the implementation and effectiveness of national environment protection measures having regard to all of the reports referred to in paragraph (a) .","sortOrder":33},{"sectionNumber":"pt.4","sectionType":"part","heading":"Meetings of the Council and establishment and meetings of its committees","content":"# Meetings of the Council and establishment and meetings of its committees","sortOrder":34},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Meetings of Council","content":"## Meetings of Council","sortOrder":35},{"sectionNumber":"sec.25","sectionType":"section","heading":"Convening of meetings","content":"### sec.25 Convening of meetings\n\nThe chairperson—\nmay, at any time, convene a meeting of the Council; and\nmust convene a meeting of the Council when requested to do so in writing signed by at least two-thirds of the members.\n- (a) may, at any time, convene a meeting of the Council; and\n- (b) must convene a meeting of the Council when requested to do so in writing signed by at least two-thirds of the members.","sortOrder":36},{"sectionNumber":"sec.26","sectionType":"section","heading":"Procedure at meetings","content":"### sec.26 Procedure at meetings\n\nThe chairperson is to preside at all meetings at which he or she is present.\nIf the chairperson is not present at a meeting, the members present are to elect one of their number to preside.\nThe Council is to keep minutes of each meeting.\nSubject to this division, the Council may regulate the conduct of the proceedings at its meetings as it thinks fit.\n(sec.26-ssec.1) The chairperson is to preside at all meetings at which he or she is present.\n(sec.26-ssec.2) If the chairperson is not present at a meeting, the members present are to elect one of their number to preside.\n(sec.26-ssec.3) The Council is to keep minutes of each meeting.\n(sec.26-ssec.4) Subject to this division, the Council may regulate the conduct of the proceedings at its meetings as it thinks fit.","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":"Quorum","content":"### sec.27 Quorum\n\nAt a meeting, two-thirds of the members constitute a quorum.","sortOrder":38},{"sectionNumber":"sec.28","sectionType":"section","heading":"Voting at meetings","content":"### sec.28 Voting at meetings\n\nAt a meeting, a decision of the Council must be supported by the votes of at least two-thirds of the members, whether present or not.\nThe member presiding at a meeting of the Council has a deliberative vote only.\n(sec.28-ssec.1) At a meeting, a decision of the Council must be supported by the votes of at least two-thirds of the members, whether present or not.\n(sec.28-ssec.2) The member presiding at a meeting of the Council has a deliberative vote only.","sortOrder":39},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Committees of Council","content":"## Committees of Council","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"NEPC Committee","content":"### sec.29 NEPC Committee\n\nThere is established by this section a committee known as the National Environment Protection Council Committee.\nThe NEPC Committee consists of the following members—\nthe NEPC Executive Officer;\na nominee of each member of the Council, being an official of the Commonwealth, a State or a Territory, as the case requires.\nThe President of the Australian Local Government Association may nominate a person who is entitled to attend and be heard at any meeting of the NEPC Committee but who is not entitled to vote at any such meeting.\n(sec.29-ssec.1) There is established by this section a committee known as the National Environment Protection Council Committee.\n(sec.29-ssec.2) The NEPC Committee consists of the following members— the NEPC Executive Officer; a nominee of each member of the Council, being an official of the Commonwealth, a State or a Territory, as the case requires.\n(sec.29-ssec.3) The President of the Australian Local Government Association may nominate a person who is entitled to attend and be heard at any meeting of the NEPC Committee but who is not entitled to vote at any such meeting.\n- (a) the NEPC Executive Officer;\n- (b) a nominee of each member of the Council, being an official of the Commonwealth, a State or a Territory, as the case requires.","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Chairperson of NEPC Committee","content":"### sec.30 Chairperson of NEPC Committee\n\nThe nominee of the Chairperson of the Council is to be chairperson of the NEPC Committee.","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Procedures of NEPC Committee","content":"### sec.31 Procedures of NEPC Committee\n\nMeetings of the NEPC Committee are to be convened at the request of the Council or by the chairperson of the Committee in accordance with procedures determined by the Council.\nThe procedures to be followed at a meeting of the NEPC Committee are to be determined by the Committee.\n(sec.31-ssec.1) Meetings of the NEPC Committee are to be convened at the request of the Council or by the chairperson of the Committee in accordance with procedures determined by the Council.\n(sec.31-ssec.2) The procedures to be followed at a meeting of the NEPC Committee are to be determined by the Committee.","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Functions of NEPC Committee","content":"### sec.32 Functions of NEPC Committee\n\nThe functions of the NEPC Committee are to assist and advise the Council in the performance of its functions and the exercise of its powers.","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Other committees","content":"### sec.33 Other committees\n\nThe Council may establish other committees to assist the Council in developing national environment protection measures (including assistance on specified issues).\nThe functions, membership and procedures of such other committees are to be determined by the Council.\n(sec.33-ssec.1) The Council may establish other committees to assist the Council in developing national environment protection measures (including assistance on specified issues).\n(sec.33-ssec.2) The functions, membership and procedures of such other committees are to be determined by the Council.","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Withdrawal from Agreement","content":"### sec.34 Withdrawal from Agreement\n\nIf a State or Territory ceases to be a participating State or participating Territory—\nthe member of the NEPC Committee nominated by the Premier of the State or Chief Minister of the Territory ceases to be a member of the NEPC Committee; and\na member of any other committee who represents the State or Territory ceases to be a member of that other committee.\nIf the Australian Local Government Association ceases to be a party to the Agreement, the person nominated by the President of the Association to attend and be heard at meetings of the NEPC Committee ceases to be entitled so to attend and be heard.\n(sec.34-ssec.1) If a State or Territory ceases to be a participating State or participating Territory— the member of the NEPC Committee nominated by the Premier of the State or Chief Minister of the Territory ceases to be a member of the NEPC Committee; and a member of any other committee who represents the State or Territory ceases to be a member of that other committee.\n(sec.34-ssec.2) If the Australian Local Government Association ceases to be a party to the Agreement, the person nominated by the President of the Association to attend and be heard at meetings of the NEPC Committee ceases to be entitled so to attend and be heard.\n- (a) the member of the NEPC Committee nominated by the Premier of the State or Chief Minister of the Territory ceases to be a member of the NEPC Committee; and\n- (b) a member of any other committee who represents the State or Territory ceases to be a member of that other committee.","sortOrder":46},{"sectionNumber":"pt.5","sectionType":"part","heading":"NEPC Service Corporation, NEPC Executive Officer and staff","content":"# NEPC Service Corporation, NEPC Executive Officer and staff","sortOrder":47},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"The NEPC Service Corporation","content":"## The NEPC Service Corporation","sortOrder":48},{"sectionNumber":"sec.35","sectionType":"section","heading":"NEPC Service Corporation","content":"### sec.35 NEPC Service Corporation\n\nThe NEPC Service Corporation is the corporation with perpetual succession constituted by section 35 of the Commonwealth Act.\nThe Service Corporation—\nmay acquire, hold and dispose of real and personal property; and\nmay sue and be sued.\nThe seal of the Service Corporation is to be kept in such custody as the Council directs and is not to be used except in the circumstances authorised by the Council.\nAll courts, judges and persons acting judicially must—\ntake judicial notice of the imprint of the seal of the Service Corporation appearing on any document; and\npresume the imprint was duly made.\n(sec.35-ssec.1) The NEPC Service Corporation is the corporation with perpetual succession constituted by section 35 of the Commonwealth Act.\n(sec.35-ssec.2) The Service Corporation— may acquire, hold and dispose of real and personal property; and may sue and be sued.\n(sec.35-ssec.3) The seal of the Service Corporation is to be kept in such custody as the Council directs and is not to be used except in the circumstances authorised by the Council.\n(sec.35-ssec.4) All courts, judges and persons acting judicially must— take judicial notice of the imprint of the seal of the Service Corporation appearing on any document; and presume the imprint was duly made.\n- (a) may acquire, hold and dispose of real and personal property; and\n- (b) may sue and be sued.\n- (a) take judicial notice of the imprint of the seal of the Service Corporation appearing on any document; and\n- (b) presume the imprint was duly made.","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"Functions of the Service Corporation","content":"### sec.36 Functions of the Service Corporation\n\nThe functions of the Service Corporation are—\nto provide assistance and support to the Council, the NEPC Committee and any other committee established under section 33 ; and\nto provide assistance and support to other Ministerial Councils as directed by the Council; and\nto do anything incidental or conducive to the performance of the function referred to in paragraph (a) or (b) .\ns 36 amd 2003 No. 96 s 8\n- (a) to provide assistance and support to the Council, the NEPC Committee and any other committee established under section 33 ; and\n- (b) to provide assistance and support to other Ministerial Councils as directed by the Council; and\n- (c) to do anything incidental or conducive to the performance of the function referred to in paragraph (a) or (b) .","sortOrder":50},{"sectionNumber":"sec.37","sectionType":"section","heading":"Powers of the Service Corporation","content":"### sec.37 Powers of the Service Corporation\n\nThe Service Corporation has power to do all things that are necessary or convenient to be done for or in connection with the performance of the functions of the Corporation and, in particular, has power—\nto enter into contracts; and\nto lease the whole or any part of land or a building for the purposes of the Corporation; and\nto occupy, use and control any land or building owned or held under lease by the State and made available for the purposes of the Corporation; and\nto acquire, hold and dispose of personal property; and\nto accept gifts, devises and bequests made to the Corporation, whether on trust or otherwise, and to act as trustee of money or other property vested in the Corporation on trust; and\nto do anything incidental to any of the powers of the Corporation.\nDespite anything contained in this Act, any money or property vested in the Corporation on trust must be dealt with in accordance with the powers and duties of the Corporation as trustee.\nThe Corporation has power to perform any of its functions in cooperation with the Commonwealth, a State or a Territory, with an authority of the Commonwealth or of a State or a Territory or with a local government body.\n(sec.37-ssec.1) The Service Corporation has power to do all things that are necessary or convenient to be done for or in connection with the performance of the functions of the Corporation and, in particular, has power— to enter into contracts; and to lease the whole or any part of land or a building for the purposes of the Corporation; and to occupy, use and control any land or building owned or held under lease by the State and made available for the purposes of the Corporation; and to acquire, hold and dispose of personal property; and to accept gifts, devises and bequests made to the Corporation, whether on trust or otherwise, and to act as trustee of money or other property vested in the Corporation on trust; and to do anything incidental to any of the powers of the Corporation.\n(sec.37-ssec.2) Despite anything contained in this Act, any money or property vested in the Corporation on trust must be dealt with in accordance with the powers and duties of the Corporation as trustee.\n(sec.37-ssec.3) The Corporation has power to perform any of its functions in cooperation with the Commonwealth, a State or a Territory, with an authority of the Commonwealth or of a State or a Territory or with a local government body.\n- (a) to enter into contracts; and\n- (b) to lease the whole or any part of land or a building for the purposes of the Corporation; and\n- (c) to occupy, use and control any land or building owned or held under lease by the State and made available for the purposes of the Corporation; and\n- (d) to acquire, hold and dispose of personal property; and\n- (e) to accept gifts, devises and bequests made to the Corporation, whether on trust or otherwise, and to act as trustee of money or other property vested in the Corporation on trust; and\n- (f) to do anything incidental to any of the powers of the Corporation.","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"Contracts and leases","content":"### sec.38 Contracts and leases\n\nThe Service Corporation must not, without the written approval of the Council—\nenter into a contract involving the payment or receipt of an amount exceeding $250,000 or, if a higher amount is prescribed under section 38 of the Commonwealth Act, that higher amount; and\ntake any land or buildings on lease for a period exceeding 3 years.\n- (a) enter into a contract involving the payment or receipt of an amount exceeding $250,000 or, if a higher amount is prescribed under section 38 of the Commonwealth Act, that higher amount; and\n- (b) take any land or buildings on lease for a period exceeding 3 years.","sortOrder":52},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"The NEPC Executive Officer","content":"## The NEPC Executive Officer","sortOrder":53},{"sectionNumber":"sec.39","sectionType":"section","heading":"NEPC Executive Officer","content":"### sec.39 NEPC Executive Officer\n\nThere is to be a NEPC Executive Officer.\nThe NEPC Executive Officer is to be appointed by the Council.\nThe NEPC Executive Officer is to be appointed for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-appointment.\n(sec.39-ssec.1) There is to be a NEPC Executive Officer.\n(sec.39-ssec.2) The NEPC Executive Officer is to be appointed by the Council.\n(sec.39-ssec.3) The NEPC Executive Officer is to be appointed for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-appointment.","sortOrder":54},{"sectionNumber":"sec.40","sectionType":"section","heading":"NEPC Executive Officer to control Service Corporation","content":"### sec.40 NEPC Executive Officer to control Service Corporation\n\nThe affairs of the Service Corporation are, subject to section 41 , to be conducted by the NEPC Executive Officer.\nAll acts and things done in the name of, or on behalf of, the Service Corporation by or with the authority of the NEPC Executive Officer are taken to have been done by the Corporation.\n(sec.40-ssec.1) The affairs of the Service Corporation are, subject to section 41 , to be conducted by the NEPC Executive Officer.\n(sec.40-ssec.2) All acts and things done in the name of, or on behalf of, the Service Corporation by or with the authority of the NEPC Executive Officer are taken to have been done by the Corporation.","sortOrder":55},{"sectionNumber":"sec.41","sectionType":"section","heading":"NEPC Executive Officer to act in accordance with Council directions","content":"### sec.41 NEPC Executive Officer to act in accordance with Council directions\n\nThe Council may, by notice in writing given to the NEPC Executive Officer, give directions to the Executive Officer with respect to the conduct of the affairs of the Service Corporation.\nThe NEPC Executive Officer must comply with a direction given under subsection (1) .\n(sec.41-ssec.1) The Council may, by notice in writing given to the NEPC Executive Officer, give directions to the Executive Officer with respect to the conduct of the affairs of the Service Corporation.\n(sec.41-ssec.2) The NEPC Executive Officer must comply with a direction given under subsection (1) .","sortOrder":56},{"sectionNumber":"sec.42","sectionType":"section","heading":"Remuneration and allowances","content":"### sec.42 Remuneration and allowances\n\nThe NEPC Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal of the Commonwealth in accordance with the law of the Commonwealth, but, if no determination of that remuneration is in force, is to be paid such remuneration as is determined in writing by the Council.\nThe NEPC Executive Officer is to be paid such allowances as are determined by the Council.\nRemuneration and allowances payable to the NEPC Executive Officer under this section are to be paid out of the money of the Service Corporation referred to in section 55 .\nThis section, other than subsection (3) , has effect subject to the Remuneration Tribunal Act 1973 (Cwlth) .\n(sec.42-ssec.1) The NEPC Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal of the Commonwealth in accordance with the law of the Commonwealth, but, if no determination of that remuneration is in force, is to be paid such remuneration as is determined in writing by the Council.\n(sec.42-ssec.2) The NEPC Executive Officer is to be paid such allowances as are determined by the Council.\n(sec.42-ssec.3) Remuneration and allowances payable to the NEPC Executive Officer under this section are to be paid out of the money of the Service Corporation referred to in section 55 .\n(sec.42-ssec.4) This section, other than subsection (3) , has effect subject to the Remuneration Tribunal Act 1973 (Cwlth) .","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":"Leave of absence","content":"### sec.43 Leave of absence\n\nThe NEPC Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal of the Commonwealth in accordance with the law of the Commonwealth.\nThe Council may grant the NEPC Executive Officer leave of absence other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Council determines.\ns 43 amd 2003 No. 96 s 9\n(sec.43-ssec.1) The NEPC Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal of the Commonwealth in accordance with the law of the Commonwealth.\n(sec.43-ssec.2) The Council may grant the NEPC Executive Officer leave of absence other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Council determines.","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Resignation","content":"### sec.44 Resignation\n\nThe NEPC Executive Officer may resign his or her office by writing signed by him or her and delivered to the chairperson of the Council.","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":"Termination of office","content":"### sec.45 Termination of office\n\nThe Council may terminate the appointment of the NEPC Executive Officer because of misbehaviour or physical or mental incapacity.\nIf the NEPC Executive Officer—\nengages in paid employment outside the duties of his or her office without the approval of the Council; or\nis absent from duty, except on leave of absence, for 14 consecutive days or 28 days in any 12 months; or\nbecomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\ncontravenes section 41 (2) without reasonable excuse;\nthe Council must terminate his or her appointment.\n(sec.45-ssec.1) The Council may terminate the appointment of the NEPC Executive Officer because of misbehaviour or physical or mental incapacity.\n(sec.45-ssec.2) If the NEPC Executive Officer— engages in paid employment outside the duties of his or her office without the approval of the Council; or is absent from duty, except on leave of absence, for 14 consecutive days or 28 days in any 12 months; or becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or contravenes section 41 (2) without reasonable excuse; the Council must terminate his or her appointment.\n- (a) engages in paid employment outside the duties of his or her office without the approval of the Council; or\n- (b) is absent from duty, except on leave of absence, for 14 consecutive days or 28 days in any 12 months; or\n- (c) becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n- (d) contravenes section 41 (2) without reasonable excuse;","sortOrder":60},{"sectionNumber":"sec.46","sectionType":"section","heading":"Terms and conditions not provided for by Act","content":"### sec.46 Terms and conditions not provided for by Act\n\nThe NEPC Executive Officer holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Council from time to time.","sortOrder":61},{"sectionNumber":"sec.47","sectionType":"section","heading":"Acting NEPC Executive Officer","content":"### sec.47 Acting NEPC Executive Officer\n\nThe Council may appoint a person to act as the NEPC Executive Officer—\nduring a vacancy in the office of NEPC Executive Officer, whether or not an appointment has previously been made to the office; or\nduring any period, or during all periods, when the NEPC Executive Officer is absent from Australia or, for any reason, is unable to perform the functions of his or her office.\n- (a) during a vacancy in the office of NEPC Executive Officer, whether or not an appointment has previously been made to the office; or\n- (b) during any period, or during all periods, when the NEPC Executive Officer is absent from Australia or, for any reason, is unable to perform the functions of his or her office.","sortOrder":62},{"sectionNumber":"sec.48","sectionType":"section","heading":"Powers and functions of acting NEPC Executive Officer","content":"### sec.48 Powers and functions of acting NEPC Executive Officer\n\nA person acting in the office of NEPC Executive Officer—\nhas, and may exercise, all the powers of the Executive Officer; and\nmay perform any of the functions of the Executive Officer; and\nis to be taken to be the Executive Officer for the purpose of any reference to the Executive Officer in any other law.\n- (a) has, and may exercise, all the powers of the Executive Officer; and\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 any reference to the Executive Officer in any other law.","sortOrder":63},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Staff of the Service Corporation and consultants","content":"## Staff of the Service Corporation and consultants","sortOrder":64},{"sectionNumber":"sec.49","sectionType":"section","heading":"Public Service staff of Service Corporation","content":"### sec.49 Public Service staff of Service Corporation\n\nSubject to this Division, staff of the Service Corporation are to be persons engaged under the Public Service Act 1999 (Cwlth) .\nFor the Public Service Act 1999 (Cwlth) —\nthe NEPC Executive Officer and the APS employees assisting the NEPC Executive Officer together constitute a Statutory Agency; and\nthe NEPC Executive Officer is the Head of the Statutory Agency.\ns 49 amd 2003 No. 96 s 10\n(sec.49-ssec.1) Subject to this Division, staff of the Service Corporation are to be persons engaged under the Public Service Act 1999 (Cwlth) .\n(sec.49-ssec.2) For the Public Service Act 1999 (Cwlth) — the NEPC Executive Officer and the APS employees assisting the NEPC Executive Officer together constitute a Statutory Agency; and the NEPC Executive Officer is the Head of the Statutory Agency.\n- (a) the NEPC Executive Officer and the APS employees assisting the NEPC Executive Officer together constitute a Statutory Agency; and\n- (b) the NEPC Executive Officer is the Head of the Statutory Agency.","sortOrder":65},{"sectionNumber":"sec.50","sectionType":"section","heading":"Non-Public Service staff of Service Corporation","content":"### sec.50 Non-Public Service staff of Service Corporation\n\nIn addition to the staff referred to in section 49 (1) , the Service Corporation may employ persons, under written agreements, for the performance of any of the functions or the exercise of any of the powers of the Corporation.\nThe terms and conditions of employment of persons employed under subsection (1) are such as the Corporation determines from time to time.\n(sec.50-ssec.1) In addition to the staff referred to in section 49 (1) , the Service Corporation may employ persons, under written agreements, for the performance of any of the functions or the exercise of any of the powers of the Corporation.\n(sec.50-ssec.2) The terms and conditions of employment of persons employed under subsection (1) are such as the Corporation determines from time to time.","sortOrder":66},{"sectionNumber":"sec.51","sectionType":"section","heading":"Staff seconded to Service Corporation","content":"### sec.51 Staff seconded to Service Corporation\n\nThe Service Corporation may make arrangements for the services of persons engaged under the Public Service Act 1999 (Cwlth) , and of authorities of the Commonwealth, to be made available to the Corporation in connection with the performance of any of the functions or the exercise of any of the powers of the Corporation.\nThe Service Corporation may make arrangements with an officer or authority of a State or Territory, under which the State or Territory or the authority makes officers or employees available to the Corporation to perform services in connection with the performance of any of the functions or the exercise of any of the powers of the Corporation.\ns 51 amd 2003 No. 96 s 11\n(sec.51-ssec.1) The Service Corporation may make arrangements for the services of persons engaged under the Public Service Act 1999 (Cwlth) , and of authorities of the Commonwealth, to be made available to the Corporation in connection with the performance of any of the functions or the exercise of any of the powers of the Corporation.\n(sec.51-ssec.2) The Service Corporation may make arrangements with an officer or authority of a State or Territory, under which the State or Territory or the authority makes officers or employees available to the Corporation to perform services in connection with the performance of any of the functions or the exercise of any of the powers of the Corporation.","sortOrder":67},{"sectionNumber":"sec.52","sectionType":"section","heading":"Consultants","content":"### sec.52 Consultants\n\nThe Service Corporation may engage persons with suitable qualifications and experience as consultants.\nThe terms and conditions of engagement of consultants are such as the Corporation determines from time to time.\n(sec.52-ssec.1) The Service Corporation may engage persons with suitable qualifications and experience as consultants.\n(sec.52-ssec.2) The terms and conditions of engagement of consultants are such as the Corporation determines from time to time.","sortOrder":68},{"sectionNumber":"pt.6","sectionType":"part","heading":"Finance","content":"# Finance","sortOrder":69},{"sectionNumber":"sec.53","sectionType":"section","heading":"Payments to Service Corporation by State","content":"### sec.53 Payments to Service Corporation by State\n\nThere is payable to the Service Corporation such money as is appropriated by Parliament of the State for the purposes of the Corporation.\nThe Treasurer may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Corporation.\n(sec.53-ssec.1) There is payable to the Service Corporation such money as is appropriated by Parliament of the State for the purposes of the Corporation.\n(sec.53-ssec.2) The Treasurer may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Corporation.","sortOrder":70},{"sectionNumber":"sec.54","sectionType":"section","heading":"Payments to Service Corporation by Commonwealth and other States and Territories","content":"### sec.54 Payments to Service Corporation by Commonwealth and other States and Territories\n\nThe Service Corporation may receive money paid to it by the Commonwealth or by another State or Territory.","sortOrder":71},{"sectionNumber":"sec.55","sectionType":"section","heading":"Money of Service Corporation","content":"### sec.55 Money of Service Corporation\n\nThe money of the Service Corporation consists of—\nmoney paid to the Corporation under section 53 ; and\nmoney received by the Corporation under section 54 ; and\nany other money paid to the Corporation.\n- (a) money paid to the Corporation under section 53 ; and\n- (b) money received by the Corporation under section 54 ; and\n- (c) any other money paid to the Corporation.","sortOrder":72},{"sectionNumber":"sec.56","sectionType":"section","heading":"Application of money of Service Corporation","content":"### sec.56 Application of money of Service Corporation\n\nThe money of the Service Corporation is to be applied—\nin payment or discharge of the costs, expenses and other obligations incurred by the Corporation in the performance of its functions and the exercise of its powers (including costs and expenses incurred by the Corporation on behalf of the Council or a committee of the Council); and\nin payment of any remuneration or allowances payable under this Act; and\nin providing, or paying for, any other benefits that are authorised under this Act.\nSubsection (1) does not prevent investment of surplus money of the Service Corporation under the Commonwealth Authorities and Companies Act 1997 (Cwlth) , section 18 , as it applies to the Service Corporation under section 59 of the Commonwealth Act.\ns 56 amd 2003 No. 96 s 12\n(sec.56-ssec.1) The money of the Service Corporation is to be applied— in payment or discharge of the costs, expenses and other obligations incurred by the Corporation in the performance of its functions and the exercise of its powers (including costs and expenses incurred by the Corporation on behalf of the Council or a committee of the Council); and in payment of any remuneration or allowances payable under this Act; and in providing, or paying for, any other benefits that are authorised under this Act.\n(sec.56-ssec.2) Subsection (1) does not prevent investment of surplus money of the Service Corporation under the Commonwealth Authorities and Companies Act 1997 (Cwlth) , section 18 , as it applies to the Service Corporation under section 59 of the Commonwealth Act.\n- (a) in payment or discharge of the costs, expenses and other obligations incurred by the Corporation in the performance of its functions and the exercise of its powers (including costs and expenses incurred by the Corporation on behalf of the Council or a committee of the Council); and\n- (b) in payment of any remuneration or allowances payable under this Act; and\n- (c) in providing, or paying for, any other benefits that are authorised under this Act.","sortOrder":73},{"sectionNumber":"sec.57","sectionType":"section","heading":"Estimates","content":"### sec.57 Estimates\n\nThe NEPC Executive Officer is to prepare estimates, in such form as the Council directs, of the Service Corporation’s receipts and expenditure for each financial year and, if the Council so directs, for any other period specified by the Council.\nThe Executive Officer must submit estimates so prepared to the Council not later than such date as the Council directs.\nExcept with the consent of the Council, the money of the Corporation must not be spent otherwise than in accordance with estimates of expenditure approved by the Council.\nA direction, consent or approval for the purposes of this section is to be given by resolution of the Council carried in accordance with section 28 .\n(sec.57-ssec.1) The NEPC Executive Officer is to prepare estimates, in such form as the Council directs, of the Service Corporation’s receipts and expenditure for each financial year and, if the Council so directs, for any other period specified by the Council.\n(sec.57-ssec.2) The Executive Officer must submit estimates so prepared to the Council not later than such date as the Council directs.\n(sec.57-ssec.3) Except with the consent of the Council, the money of the Corporation must not be spent otherwise than in accordance with estimates of expenditure approved by the Council.\n(sec.57-ssec.4) A direction, consent or approval for the purposes of this section is to be given by resolution of the Council carried in accordance with section 28 .","sortOrder":74},{"sectionNumber":"sec.58","sectionType":"section","heading":"Non-application of State’s audit legislation","content":"### sec.58 Non-application of State’s audit legislation\n\nThe Auditor-General Act 2009 does not apply to the Service Corporation.\ns 58 amd 2009 No. 9 s 136 sch 1","sortOrder":75},{"sectionNumber":"sec.59","sectionType":"section","heading":"Special provisions relating to reports etc. prepared under the Commonwealth Authorities and Companies Act 1997 (Cwlth)","content":"### sec.59 Special provisions relating to reports etc. prepared under the Commonwealth Authorities and Companies Act 1997 (Cwlth)\n\nA report prepared by the Service Corporation under the Commonwealth Authorities and Companies Act 1997 (Cwlth) , section 9 , must also contain such other information as is required by the Council to be included in the report.\nA copy of each report and of each set of financial statements given to the responsible Minister under the Commonwealth Authorities and Companies Act 1997 (Cwlth) , section 9 , must also be given to each of the other members of the Council as soon as practicable after the end of the financial year to which they relate.\ns 59 amd 2003 No. 96 s 13\n(sec.59-ssec.1) A report prepared by the Service Corporation under the Commonwealth Authorities and Companies Act 1997 (Cwlth) , section 9 , must also contain such other information as is required by the Council to be included in the report.\n(sec.59-ssec.2) A copy of each report and of each set of financial statements given to the responsible Minister under the Commonwealth Authorities and Companies Act 1997 (Cwlth) , section 9 , must also be given to each of the other members of the Council as soon as practicable after the end of the financial year to which they relate.","sortOrder":76},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":77},{"sectionNumber":"sec.60","sectionType":"section","heading":"Powers and functions conferred under corresponding legislation","content":"### sec.60 Powers and functions conferred under corresponding legislation\n\nThe Council, each committee of the Council, the NEPC Service Corporation and the NEPC Executive Officer have, in addition to the powers and functions conferred on them by this Act, such powers and functions as are conferred on them by the Act of each other participating jurisdiction that corresponds to this Act.","sortOrder":78},{"sectionNumber":"sec.61","sectionType":"section","heading":"Delegation by Council","content":"### sec.61 Delegation by Council\n\nThe Council may, by resolution, delegate all or any of its functions and powers conferred by this Act (other than its powers under sections 14 , 20 and 63 ) to the NEPC Committee, the Service Corporation or the NEPC Executive Officer.\nA delegation under this section may be varied or revoked by resolution of the Council (whether or not constituted by the persons constituting the Council at the time when the power or function was delegated).\nThe Acts Interpretation Act 1954 , section 27A , does not apply to a delegation by the Council.\n(sec.61-ssec.1) The Council may, by resolution, delegate all or any of its functions and powers conferred by this Act (other than its powers under sections 14 , 20 and 63 ) to the NEPC Committee, the Service Corporation or the NEPC Executive Officer.\n(sec.61-ssec.2) A delegation under this section may be varied or revoked by resolution of the Council (whether or not constituted by the persons constituting the Council at the time when the power or function was delegated).\n(sec.61-ssec.3) The Acts Interpretation Act 1954 , section 27A , does not apply to a delegation by the Council.","sortOrder":79},{"sectionNumber":"sec.62","sectionType":"section","heading":"Acts done by Council","content":"### sec.62 Acts done by Council\n\nA certificate that—\npurports to be signed by a member of the Council or by the NEPC Executive Officer; and\nstates that the Council has done any act or thing or formed any opinion;\nis, on mere production, receivable as prima facie evidence that the Council has done the act or thing or formed the opinion.\nAn act or thing done by the Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.\n(sec.62-ssec.1) A certificate that— purports to be signed by a member of the Council or by the NEPC Executive Officer; and states that the Council has done any act or thing or formed any opinion; is, on mere production, receivable as prima facie evidence that the Council has done the act or thing or formed the opinion.\n(sec.62-ssec.2) An act or thing done by the Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.\n- (a) purports to be signed by a member of the Council or by the NEPC Executive Officer; and\n- (b) states that the Council has done any act or thing or formed any opinion;","sortOrder":80},{"sectionNumber":"sec.63","sectionType":"section","heading":"Regulations","content":"### sec.63 Regulations\n\nThe Governor in Council may, on the recommendation of the Council, make regulations under this Act.","sortOrder":81},{"sectionNumber":"sec.64","sectionType":"section","heading":"Initial review after fifth anniversary of commencement of Act","content":"### sec.64 Initial review after fifth anniversary of commencement of Act\n\nThe Council must cause a review of—\nthe operation of this Act and the Act of each other participating jurisdiction that corresponds to this Act; and\nthe extent to which the object set out in section 3 of each such Act has been achieved,\nto be undertaken as soon as possible after the fifth anniversary of the commencement of that corresponding Act of the Commonwealth.\nThe Minister must table a report of the review in the Legislative Assembly within 1 year after the fifth anniversary of that commencement.\ns 64 amd 2003 No. 96 s 14\n(sec.64-ssec.1) The Council must cause a review of— the operation of this Act and the Act of each other participating jurisdiction that corresponds to this Act; and the extent to which the object set out in section 3 of each such Act has been achieved, to be undertaken as soon as possible after the fifth anniversary of the commencement of that corresponding Act of the Commonwealth.\n(sec.64-ssec.2) The Minister must table a report of the review in the Legislative Assembly within 1 year after the fifth anniversary of that commencement.\n- (a) the operation of this Act and the Act of each other participating jurisdiction that corresponds to this Act; and\n- (b) the extent to which the object set out in section 3 of each such Act has been achieved,","sortOrder":82},{"sectionNumber":"sec.65","sectionType":"section","heading":"Subsequent 5 yearly reviews","content":"### sec.65 Subsequent 5 yearly reviews\n\nAs soon as possible after the end of every 5 year period following the review under section 64 , the Council must cause a further review of the matters mentioned in section 64 (1) to be undertaken.\nThe Minister must table a report of each further review in the Legislative Assembly within 1 year after the end of the period to which it relates.\ns 65 ins 2003 No. 96 s 15\n(sec.65-ssec.1) As soon as possible after the end of every 5 year period following the review under section 64 , the Council must cause a further review of the matters mentioned in section 64 (1) to be undertaken.\n(sec.65-ssec.2) The Minister must table a report of each further review in the Legislative Assembly within 1 year after the end of the period to which it relates.","sortOrder":83}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act remains focused on creating a national framework to harmonise environmental protection and avoid market fragmentation (section 3). However, subsequent additions and structural choices have modestly expanded its administrative scope beyond the original, narrow rule‑making function. Notable expansions include: (1) inserting a formal minor variation regime that allows streamlined changes by unanimous resolution and shorter consultation periods (sections 6 definition of \"minor variation\"; sections 22A–22C), which increases the Act’s procedural flexibility; (2) explicitly empowering the NEPC Service Corporation to provide assistance and support to other Ministerial Councils and broadening its operational role (sections 13(h), 36), which increases the institutional and cross‑portfolio administrative footprint; and (3) added links to newer Commonwealth Acts and strengthened corporate/reporting arrangements for the Service Corporation (sections 35, 56, 59). These changes increase the Act’s administrative and coordinating functions while leaving its core object — national equivalence of environmental protection and limiting market fragmentation — intact (section 3)."},"complexity_factors":["Lengthy interpretation section with ~20 defined terms and cross‑references to the Commonwealth Act and an intergovernmental Agreement (section 6)","Significant cross‑referencing to Commonwealth legislation (National Environment Protection Council Act 1994 (Cwlth), National Transport Commission Act 2003, Road Vehicle Standards Act 2018 and Commonwealth Authorities and Companies Act 1997) which creates multi‑legislative dependencies (sections 5, 14, 35, 56, 59)","Detailed procedural steps with timing requirements and differing consultation periods for full measures (>=2 months) and minor variations (>=1 month) (sections 16–18, 22A–22B)","Multiple voting and quorum thresholds (two‑thirds quorum and voting; unanimity requirement for minor variations) that affect decision pathways (sections 27–28, 22A)","Delegation provisions that exclude core powers but allow wide administrative delegation, increasing conditional logic (section 61)","Institutional complexity: parallel bodies (Council, NEPC Committee, other committees, NEPC Service Corporation, NEPC Executive Officer) with interlocking functions and reporting lines (sections 29–33, 35–41)","Financial and governance rules for the Service Corporation including appropriation, estimates, spending limits, and non‑application of State audit law (sections 53–59, 38)","Amendments and inserted provisions (e.g. minor variation regime added 2003) introduce layered exceptions and alternative procedures (sections 22A–22C)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes the National Environment Protection Council (NEPC) as a formal body of Ministers and gives it the power to make \"national environment protection measures\" — standards, goals, guidelines or protocols — on topics such as ambient air, water quality, hazardous wastes, site contamination, recycling and (subject to other Commonwealth law and the National Transport Commission) vehicle noise and emissions (section 8; section 14).\n\n- Sets a procedure the Council must follow to make, vary or revoke a measure: publish a notice of intent (section 16); prepare a draft and an impact statement that explains environmental outcomes, alternatives, economic and social impacts, implementation timetables and transitional arrangements (section 17); publish the draft and invite public submissions for a prescribed period (at least two months for full measures; one month for minor variations) (section 18; section 22B); and have regard to the impact statement, submissions and committee advice when deciding (section 19; section 22C).\n\n- Allows the Council to make only measures that are \"Commonwealth disallowable instruments\" — i.e. the Commonwealth Parliament may disallow them (section 21). Measures cease to have effect if disallowed or otherwise fail to meet the Commonwealth Act's requirements (section 21).\n\n- Creates a two‑thirds rule for how Council business is done: two‑thirds of members form a quorum and two‑thirds of votes (whether present or not) are required for decisions (sections 27–28). The Commonwealth Minister nominated by the Prime Minister chairs the Council (section 10). Deputies may be nominated (section 11).\n\n- Provides for a supporting administrative body, the NEPC Service Corporation, and an NEPC Executive Officer to run it (sections 35, 39–41). The Service Corporation performs support, research and administrative functions, may contract, hold property and receive funding from participating jurisdictions and the Commonwealth (sections 36–38; sections 53–55). Its staff can be Public Service employees or other employees/consultants (sections 49–52).\n\n- Requires reporting and review: each State Minister who is a Council member must report annually on implementation and effectiveness (section 23); the Council must produce an annual report and its Minister must table it (section 24); and the Council must arrange an initial review about five years after commencement and further reviews every five years (sections 64–65).\n\nWho it affects\n\n- Ministers and governments of the Commonwealth, participating States and Territories (Council membership and decision‑makers) (sections 9–11).\n- Public servants and contractors engaged through the NEPC Service Corporation and the NEPC Executive Officer (sections 35, 39, 49–52).\n- Businesses and industry sectors operating in areas covered by national measures (air, water, noise where relevant, waste, recycling, site contamination, vehicle standards) because measures can prescribe standards, goals and protocols that jurisdictions must implement (sections 3, 7, 14).\n- Members of the public and local governments: the public must be given access to drafts and invited to comment; the Australian Local Government Association may participate in committee processes (sections 16–19, 29).\n\nWhy it matters (purpose claims and practical testing)\n\n- The Act explicitly aims to achieve equivalent environmental protection across participating jurisdictions and to avoid fragmentation of markets so business decisions are not distorted by differing jurisdictional rules (section 3; the Act implements an inter‑governmental Agreement set out in the schedule and requires States to implement measures by law — section 7). That is the stated policy objective.\n\n- Practical trade‑offs and incentives:\n  - Harmonisation lowers the risk of inconsistent rules across states, which can reduce compliance costs for multi‑jurisdictional businesses and lower transaction costs (section 3; section 7). The flip side is that a nationally set standard may impose requirements on some firms or regions that are stricter than previous local rules — an explicit cost of standardisation.\n  - Measures are \"disallowable\" by the Commonwealth Parliament (section 21). This provides a political check and legal oversight but also adds uncertainty for regulated parties until the instrument is settled and not disallowed.\n  - The Act requires public impact statements and consultation (sections 17–19), which raises transparency and forces decision‑makers to document alternatives and impacts. That reduces the likelihood of purely opaque rule‑making but imposes administrative time and cost before rules take effect.\n  - The Council can make \"minor variations\" by unanimous resolution with a streamlined consultation period, enabling quicker technical adjustments (sections 22A–22C). Requiring unanimity constrains major shifts and gives every participating Minister veto power over nominally minor changes — lowering the risk of unilateral changes but increasing the chance of deadlock.\n  - Much operational power is delegated to the NEPC Executive Officer and the Service Corporation (sections 36, 40–41, 61). That centralises administrative discretion. The Council retains core law‑making powers (sections 14, 20) but may delegate many other functions (section 61). This concentrates day‑to‑day implementation in an administrative apparatus paid for by participating jurisdictions (sections 53–56), so the ongoing cost is borne by governments rather than private parties directly — although those costs ultimately come from taxpayers.\n  - Cross‑references to Commonwealth Acts and the National Transport Commission constrain certain subject matters (e.g. motor vehicle standards) and create inter‑agency dependencies (section 14(2)). This reduces the risk of conflicting federal rule‑making but can slow action where coordination is needed.\n\nCompliance burden, implementation risk and concentration of benefits\n\n- Compliance burden will depend on the content of measures; where measures set new quantified standards and protocols (section 14), businesses and local regulators may need to change processes, monitoring and reporting. The mandatory public impact statement requirement (section 17) makes those costs visible in advance.\n\n- Implementation risk arises from (a) the disallowable nature of measures (section 21), (b) the need for two‑thirds voting for Council decisions (section 28), and (c) the potential for varied uptake by non‑participating jurisdictions (participating jurisdiction defined in section 6). Unanimity for minor variation (section 22A) reduces the risk of small but important technical changes being forced through without full agreement.\n\n- Benefits from harmonisation are concentrated on businesses that operate across jurisdictions (they face lower compliance complexity), while costs (compliance, adaptation) are dispersed among regulated entities and taxpayers funding the Service Corporation (sections 53–56).\n\nWho pays, who decides, and expected behaviour changes\n\n- Who pays: participating jurisdictions fund the Service Corporation (section 53) and may bear costs of implementing measures through state law (section 7); the Commonwealth may also contribute (section 54). Businesses pay compliance costs imposed by specific measures.\n\n- Who decides: Ministers on the NEPC (Council) decide policy measures subject to voting rules (sections 9, 27–28); the NEPC Executive Officer and Service Corporation handle implementation and administration (sections 39–41, 35–37). The Commonwealth retains oversight through the disallowance mechanism (section 21).\n\n- Behaviour changes: governments must implement measures by law (section 7), regulators will align monitoring and enforcement to national protocols where adopted (sections 14, 17), and businesses operating across jurisdictions will adapt to single national standards where measures apply.\n\nKey sections referenced: sections 3, 7, 8, 9–11, 14–21, 22A–22C, 29–33, 35–41, 49–56, 61–65.\n\n"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act has remained broadly faithful to its original purpose of establishing Queensland's participation in a national cooperative environmental protection framework. Amendments in 2003 added provisions for minor variations to national measures (streamlining the amendment process), expanded the Service Corporation's functions to support other Ministerial Councils, and added five-yearly review requirements — all of which are incremental refinements consistent with the original intent rather than departures from it."},"complexity_factors":["Cooperative federalism structure requiring simultaneous operation across multiple jurisdictions under mirror legislation","Extensive cross-referencing to the Commonwealth Act, making the Queensland Act impossible to read in isolation","Multiple layered definitions with technical distinctions between 'standards', 'goals', 'guidelines', and 'protocols'","Complex procedural requirements for making, varying, and revoking national environment protection measures, including different consultation timelines for major vs minor variations","Voting thresholds tied to total membership (including absent members), not just those present","Governance structure involving a Council, a Committee (NEPC Committee), additional ad hoc committees, a Service Corporation, and an Executive Officer — all with distinct roles","Hybrid staffing arrangements (Commonwealth Public Service Act staff, plus non-Public Service employees, seconded state/territory staff, and consultants)","Financial provisions referencing Commonwealth legislation (Commonwealth Authorities and Companies Act) for audit and investment rules while exempting the Queensland Auditor-General","Parliamentary disallowance mechanism vested in the Commonwealth Parliament, not Queensland's Parliament","Interpretation provision overriding the Queensland Acts Interpretation Act in favour of Commonwealth Act definitions"],"plain_english_summary":"Queensland joins a national cooperative system creating uniform environmental standards through the National Environment Protection Council (NEPC), so states can’t undercut each other on air, water, waste, contaminated land, noise and recycling rules. \n\nIt binds the State to adopt national measures, affects residents, businesses and government by delivering consistent protections and clearer rules, and includes public consultation, reporting, administrative support and five-year reviews for accountability."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1994 Act focused primarily on establishing the NEPC and creating national environment protection measures. However, amendments in 2003 significantly expanded the scope by: (1) adding Division 2A for 'minor variations' to streamline technical amendments; (2) expanding the Service Corporation's functions to provide assistance to 'other Ministerial Councils' (section 36(b)), not just the NEPC; (3) adding the National Transport Commission and Road Vehicle Standards Act references for motor vehicle standards (section 14(2)); and (4) introducing ongoing 5-yearly reviews (section 65). The Act has evolved from a simple establishment Act to a more complex administrative framework with broader corporate service functions."},"complexity_factors":["Mirror legislation structure: must be read alongside the Commonwealth Act (National Environment Protection Council Act 1994) and an intergovernmental Agreement dated 1 May 1992","19 defined terms in section 6, many referring to external documents or the Commonwealth Act","Complex procedural requirements for making measures: Gazette notices, newspaper publication, 2-month consultation periods, impact statements with 8 specific required elements","Dual pathways for varying measures: full variation process (sections 20, 15, 17-19) vs minor variation process (Division 2A, sections 22A-22C) with different thresholds and consultation requirements","Cross-referencing to Commonwealth legislation including: National Environment Protection Council Act 1994, Public Service Act 1999, Remuneration Tribunal Act 1973, Commonwealth Authorities and Companies Act 1997, National Transport Commission Act 2003, Road Vehicle Standards Act 2018, and Acts Interpretation Act 1954","Conditional logic for membership: automatic cessation of membership if state ceases to participate, minister loses office, or substitution occurs","Specific financial thresholds ($250,000) and time limits (3 years for leases) requiring Council approval","Delegation restrictions: Council cannot delegate powers under sections 14, 20 and 63","Multiple amendment notes indicating evolution (2003, 2007, 2009, 2019 amendments referenced)"],"plain_english_summary":"This is Queensland's version of a national scheme to keep Australia's environment protection rules consistent across all states and territories.\n\n**What it does:**\nThe Act establishes the **National Environment Protection Council (NEPC)**—a body made up of environment ministers from the Commonwealth, states and territories. The NEPC's main job is to create **national environment protection measures** (uniform rules) covering things like air quality, water quality, noise pollution, contaminated land, hazardous waste, and recycling.\n\n**Why it exists:**\n- To ensure Australians get the same level of protection from pollution regardless of which state they live in\n- To stop businesses facing different rules in different states (which can distort markets and increase costs)\n\n**How it works:**\n- The NEPC makes national standards, goals, guidelines and protocols (technical measurement rules)\n- Queensland must implement these measures through its own laws\n- The process involves public consultation, impact statements, and Gazette notices\n- Measures can be disallowed by the Commonwealth Parliament\n- There's a streamlined process for \"minor variations\" (small technical changes) that doesn't require full consultation\n\n**Who runs it:**\n- The Council itself (ministerial members)\n- The NEPC Committee (official-level advisors)\n- The NEPC Service Corporation (the administrative body that employs staff)\n- The NEPC Executive Officer (CEO of the Corporation)\n\n**Key features:**\n- Requires a two-thirds majority vote for Council decisions\n- Queensland pays money to the Service Corporation to fund operations\n- Regular 5-yearly reviews of whether the system is working\n- Binds all persons including the State government"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/national-environment-protection-council-queensland-act-1994","history":"/api/acts/national-environment-protection-council-queensland-act-1994/history","analysis":"/api/acts/national-environment-protection-council-queensland-act-1994/analysis","conflicts":"/api/acts/national-environment-protection-council-queensland-act-1994/conflicts","importantCases":"/api/acts/national-environment-protection-council-queensland-act-1994/important-cases","documents":"/api/acts/national-environment-protection-council-queensland-act-1994/documents"}}