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National Environment Protection Council Act 1994
Sch 2Resource assessment, land
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Schedule 2 Resource assessment, land
use decisions and approval
processes
1 The parties agree that the concept of ecologically sustainable
development should be used by all levels of Government in the
assessment of natural resources, land use decisions and approval
processes.
2 The parties agree that it is the role of government to establish the policy,
legislative and administrative framework to determine the permissibility
of any land use, resource use or development proposal having regard to
the appropriate, efficient and ecologically sustainable use of natural
resources (including land, coastal and marine resources).
3 The parties agree that policy, legislative and administrative frameworks
to determine the permissibility of land use, resource use or development
proposals should provide for—
(i) the application and evaluation of comparable, high quality
data which are available to all participants in the process;
(ii) the assessment of the regional cumulative impacts of a
series of developments and not simply the consideration of
individual development proposals in isolation;
(iii) consideration of the regional implications, where proposals
for the use of a resource affect several jurisdictions;
(iv) consultation with affected individuals, groups and
organisations;
(v) consideration of all significant impacts;
(vi) mechanisms to resolve conflict and disputes over issues
which arise during the process;
(vii) consideration of any international or national implications.
4 The development and administration of the policy and legislative
framework will remain the responsibility of the States and Local
Government. The Commonwealth has an interest in ensuring that these
frameworks meet its responsibilities and interests as set out in this
Agreement. The Commonwealth will continue to cooperate with the
States in agreed programs.
5 Within the policy, legislative and administrative framework applying in
each State, the use of natural resources and land, remain a matter for the
owners of the land or resources, whether they are Government bodies or
private persons.
6 To ensure that State land and resource use planning processes properly
address matters of Commonwealth interest, a State may refer its land and
resource use planning system and its development approval process to the
Commonwealth for a preliminary view, as to whether its system or
process can be accredited as accommodating Commonwealth interests. In
the event that the Commonwealth is of the view that the processes are
inadequate to accommodate the Commonwealth interest, then the State
will consider whether it wishes to review and modify the systems and
processes and will consult with the Commonwealth on terms of reference
for such a review.
7 A State will consult Local Government where appropriate, when
undertaking any review of its land and resource use planning systems
and/or development approval processes pursuant to this Agreement.
8 Where the Commonwealth has accredited a system or process within a
State, the Commonwealth will give full faith and credit to the results of
that system or process when exercising Commonwealth responsibilities.
9 Within twelve months of the execution of this Agreement, the parties
agree to reconsider the matters contained in this Schedule with a view to
incorporating any relevant findings of the ecologically sustainable
development process.