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National Environment Protection Council Act 1994
26December 2025. It also includes any commencement, amendment, repeal or expiry affecting
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26 December 2025. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 26 December 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
contents 1
Page
Preamble 2
1 Name of Act 3
3 Object of Act 3
4 Words and expressions used in Cwlth Act 3
5 Dictionary 3
5A Notes 4
5B Interpretation—implementation of national environment protection
measures 4
6 Implementation of national environment protection measures 4
Page
contents 2 National Environment Protection Council Act 1994
Part 2 Establishment and membership of National
Environment Protection Council
7 National Environment Protection Council 5
8 Membership of council 5
9 Chairperson of council 6
10 Deputies 6
Division 3.1 Functions and powers
11 Functions of council 7
12 Powers of council 7
13 Council may make national environment protection measures 8
14 General considerations in making national environment protection
measures 9
15 Council to give notice of intention to prepare a draft of proposed
measure 10
16 Council to prepare draft of proposed measure and impact statement 10
17 Public consultation 11
18 Council to have regard to impact statements and submissions 12
19 Variation or revocation of measures 12
20 National environment protection measures to be Commonwealth
disallowable instruments 13
21 Failure to comply with procedural requirements 14
Division 3.2A Minor variation of national environment protection
21A Minor variation of measures 14
21B Public consultation for minor variation 15
21C Council to have regard to submissions etc 15
Division 3.3 Assessment and reporting on implementation and
effectiveness of measures
22 Report by Minister on implementation and effectiveness of measures 16
23 Annual report of council 16
Page
contents 3
Part 4 Meetings of council and establishment and
meetings of its committees
24 Convening of meetings 18
25 Procedure at meetings 18
26 Quorum 18
27 Voting at meetings 18
28 NEPC committee 19
29 Chairperson of NEPC committee 19
30 Procedures of NEPC committee 19
31 Functions of NEPC committee 19
32 Other committees 20
33 Withdrawal from agreement 20
Part 5 NEPC service corporation, NEPC executive
officer and staff
34 NEPC service corporation 21
35 Functions of service corporation 21
36 Powers of service corporation 22
37 Contracts and leases 22
38 NEPC executive officer 23
39 NEPC executive officer to control service corporation 23
40 NEPC executive officer to act in accordance with council directions 23
41 Remuneration and allowances 24
42 Leave of absence 24
43 Resignation 24
44 Termination of office 24
45 Terms and conditions not provided for by Act 25
46 Acting NEPC executive officer 25
47 Powers and functions of acting NEPC executive officer 25
Page
contents 4 National Environment Protection Council Act 1994
Division 5.3 Staff of service corporation and consultants
48 Australian public service staff of service corporation 26
49 Non-public service staff of service corporation 26
50 Staff seconded to service corporation 26
51 Consultants 27
52 Payments to service corporation by Territory 28
53 Payments to service corporation by Commonwealth and other States
and Territories 28
54 Money of service corporation 28
55 Application of money of service corporation 28
56 Estimates 29
58 Special provisions relating to reports etc prepared under the Public
Governance, Performance and Accountability Act 2013 29
59 Powers and functions conferred under corresponding legislation 30
60 Delegation by council 30
61 Acts done by council 30
62 Regulation-making power 31
63 Review of operation of Act 31
Schedule 1 Intergovernmental agreement on the
environment 32
Dictionary 73
1 About the endnotes 76
2 Abbreviation key 76
3 Legislation history 77
Page
contents 5