Sch 4National environment

Schedule 4 National environment General Purpose 1 The Commonwealth and the States acknowledge that there is benefit to the people of Australia in establishing national environment protection standards, guidelines, goals and associated protocols (hereinafter referred to as ‘measures’) with the objectives of ensuring: (i) that people enjoy the benefit of equivalent protection from air, water and soil pollution and from noise, wherever they live; (ii) that decisions by business are not distorted and markets are not fragmented by variations between jurisdictions in relation to the adoption or implementation of major environment protection measures. Any proposed measures must be examined to identify economic and social impacts and to ensure simplicity, efficiency and effectiveness in administration. National Environment Protection Authority 2 The Commonwealth and the States agree to set up a Ministerial Council to be called the National Environment Protection Authority. Each State and the Commonwealth will nominate a Minister to be a member of the Ministerial Council, with the Commonwealth Minister to chair the Council and decisions to be made by a two thirds majority of the members of the Ministerial Council.

3 The Authority is to be assisted and supported by: (i) a standing committee of officials, with one representative being nominated to the committee by each member of the Authority and an observer nominated by the President of the Australian Local Government Association who will seek and present the views of the Association. Each member is entitled to be accompanied by other persons who may be able to assist with the deliberations of the committee. Members of the committee will ensure that the Authority has access to appropriate scientific and technical advice on environmental matters and on the economic and social impacts of the matters considered by the Authority; (ii) a permanent Executive Officer appointed to a statutory office under the legislation establishing the Authority; (iii) appropriate personnel seconded or otherwise provided by the parties to conduct continuing or specialist ad hoc tasks, as required by the Authority. 4 The Authority and the statutory office of Executive Officer is to be established by agreed Commonwealth legislation and recognised by agreed complementary State legislation. National Environment Protection Authority’s Powers and Process 5 The Authority may establish measures for the protection of the environment for the benefit of the people of Australia, for: (i) ambient air quality; (ii) ambient marine, estuarine, and freshwater quality; (iii) noise related to protecting amenity where variations in measures would have an adverse effect on national markets for goods and services; (iv) general guidelines for the assessment of site contamination;

(v) the environmental impacts associated with hazardous wastes; (vi) motor vehicle emissions; (vii) the reuse and recycling of used materials; and shall monitor and report on their implementation and effectiveness. 6 In determining whether to adopt standards, guidelines or goals, the Authority will consider which is the most effective means to achieve the required national environmental outcomes. The Authority will also take into account existing intergovernmental mechanisms in relation to such measures. 7 The Authority will develop national motor vehicle emission and noise standards in conjunction with the National Road Transport Commission.** 8 The standards, guidelines or goals will be interpreted and applied in accordance with agreed protocols on such matters as requirements for monitoring and auditing. 9 To facilitate effective and timely public consultation, draft measures, including timetables for implementation where relevant, will be published by the Authority. 10 Publication of such drafts will be accompanied by an impact statement which includes- (i) the environmental objectives and reasons for the measures and the environmental impact of not adopting those measures; (ii) alternatives considered to achieve the desired environmental objectives and the reasons for their non- adoption;