64 Reviews of operation of Act
(1) The Council must cause a review of:
(a) the operation of this Act and the Act of each other participating
jurisdiction that corresponds to this Act; and
(b) the extent to which the object set out in section 3 of each such
Act has been achieved,
National Environment Protection Council (Northern Territory) Act 1994 25
to be undertaken as soon as possible after the fifth anniversary of
the commencement of that corresponding Act of the
Commonwealth.
(2) The Minister must table a report of the review in the Legislative
Assembly within one year after the fifth anniversary of that
commencement.
(3) As soon as possible after the end of every 5-year period following
the review under subsection (1), the Council must cause a further
review of the kind set out in subsection (1) to be undertaken.
(4) The Minister must table a report of each further review in the
Legislative Assembly within one year after the end of the period to
which it relates.
National Environment Protection Council (Northern Territory) Act 1994 26
section 6
AN AGREEMENT made the 1st day of May one thousand nine hundred and
ninety two
BETWEEN
THE COMMONWEALTH OF AUSTRALIA of the first part,
THE STATE OF NEW SOUTH WALES of the second part,
THE STATE OF VICTORIA of the third part,
THE STATE OF QUEENSLAND of the fourth part,
THE STATE OF WESTERN AUSTRALIA of the fifth part,
THE STATE OF SOUTH AUSTRALIA of the sixth part,
THE STATE OF TASMANIA of the seventh part,
THE AUSTRALIAN CAPITAL TERRITORY of the eighth part,
THE NORTHERN TERRITORY OF AUSTRALIA of the ninth part,
THE AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION of the
tenth part.
WHEREAS
On 31 October 1990, Heads of Government of the Commonwealth, States
and Territories of Australia, and representatives of Local Government in
Australia, meeting at a Special Premiers' Conference held in Brisbane, agreed
to develop and conclude an Intergovernmental Agreement on the
Environment to provide a mechanism by which to facilitate:
• a cooperative national approach to the environment;
• a better definition of the roles of the respective governments;
• a reduction in the number of disputes between the Commonwealth and
the States and Territories on environment issues;
• greater certainty of Government and business decision making; and
• better environment protection;
AND WHEREAS the Parties to this Agreement
ACKNOWLEDGE the important role of the Commonwealth and the States in
relation to the environment and the contribution the States can make in the
development of national and international policies for which the
Commonwealth has responsibilities;
National Environment Protection Council (Northern Territory) Act 1994 27
RECOGNISE that environmental concerns and impacts respect neither
physical nor political boundaries and are increasingly taking on
interjurisdictional, international and global significance in a way that was not
contemplated by those who framed the Australian Constitution;
RECOGNISE that the concept of ecologically sustainable development
including proper resource accounting provides potential for the integration of
environmental and economic considerations in decision making and for
balancing the interests of current and future generations;
RECOGNISE that it is vital to develop and continue land use programs and
co-operative arrangements to achieve sustainable land use and to conserve
and improve Australia's biota, and soil and water resources which are basic to
the maintenance of essential ecological processes and the production of food,
fibre and shelter;
ACKNOWLEDGE that the efficiency and effectiveness of administrative and
political processes and systems for the development and implementation of
environmental policy in a Federal system will be a direct function of:–
(i) the extent to which roles and responsibilities of the
different levels of Government can be clearly and
unambiguously defined;
(ii) the extent to which duplication of functions between
different levels of Government can be avoided;
(iii) the extent to which the total benefits and costs of
decisions to the community are explicit and transparent;
(iv) the extent to which effective processes are established
for
co-operation between governments on environmental
issues; and
(v) the extent to which responsible Governments are clearly
accountable to the electorate for the development and
implementation of policy; and
ACKNOWLEDGE that in the development and implementation of
environmental policy it is necessary to accommodate the regional
environmental differences which occur within Australia;
THE PARTIES AGREE AS FOLLOWS:
SECTION 1 – APPLICATION AND INTERPRETATION
1.1 "Commonwealth" means the Commonwealth of Australia.
National Environment Protection Council (Northern Territory) Act 1994 28
1.2 "States" means a State or Territory named as a party to this
1.3 "Local Government" means a Local Government body established by
or under a law of a State other than a body the sole or principal
function of which is to provide a particular service (such as the supply
of electricity or water).
1.4 "Australian Local Government Association" means the Federation of
State-wide Local Government Associations of the States, constituted
by Local Government bodies.
1.5 A reference in this Agreement to the words "give full faith and credit" to
the results of mutually approved or accredited systems, practices,
procedures or processes, means that the Commonwealth and the
States acting in accordance with the laws in force in their jurisdictions,
will accept and rely on the outcomes of that system or the practices,
procedures or processes, as the case may be, as a basis for their
decision making. In making the decision to accredit a system or
practices, procedures or processes, the Commonwealth or the States
may make provision for how unforeseeable circumstances or flawed
execution may be taken into account. A decision to accept and rely on
the outcome does not preclude the Commonwealth or the States taking
factors into account in their decision making, other than those dealt
with in that system or those practices, procedures or processes.
1.6 A reference to a Ministerial Council in this Agreement is a reference not
to the Ministerial Council as such but to the Australian members of that
Council acting separately from that Council pursuant to this Agreement.
1.7 Commonwealth responsibilities under this Agreement include ensuring
adherence as far as practicable within the External Territories and the
Jervis Bay Territory.
1.8 Any matters under this Agreement which are the responsibility of the
Norfolk Island Assembly under the Norfolk Island Act 1979 will be
referred by the Commonwealth to the Norfolk Island Government for its
consideration.
1.9 In relation to each of its external Territories and the Territory of Jervis
Bay, the Commonwealth has, subject to paragraphs 1.7 and 1.8 the
same responsibilities and interests as each State has in relation to that
State under paragraph 2.3.
1.10 Section 2.2.3 of this Agreement should be read subject to the
Australian Capital Territory (Planning and Land Management)
Act 1988.
National Environment Protection Council (Northern Territory) Act 1994 29
1.11 The Commonwealth, the States and the Australian Local Government
Association acknowledge that while the Association is a party to this
Agreement, it cannot bind local government bodies to observe the
terms of this Agreement. However in view of the responsibilities and
interests of local government in environmental matters and in
recognition of the partnership established between the three levels of
government by the Special Premiers Conference process, the
Commonwealth and the States have included the Australian Local
Government Association as a party to this Agreement and included
references in the Agreement to local government and all levels of
government.
1.12 The States will consult with and involve Local Government in the
application of the principles and the discharge of responsibilities
contained in this Agreement to the extent that State statues and
administrative arrangements authorise or delegate responsibilities to
Local Government, and in a manner which reflects the concept of
partnership between the Commonwealth, State and Local
Governments.
1.13 Questions of interpretation of this Agreement are to be raised in the
first instance in the appropriate Ministerial Council(s) after consultation
by the Chair of the Ministerial Council with the President of the
Australian Local Government Association where appropriate. Where
these mechanisms do not resolve the interpretation, the matter will be
dealt with by reference from the Ministerial Council(s) to First Ministers.
SECTION 2 – ROLES OF THE PARTIES – RESPONSIBILITIES AND
INTERESTS
2.1 RESPONSIBILITIES AND INTERESTS OF ALL PARTIES
2.1.1 The following will guide the parties in defining the roles, responsibilities
and interests of all levels of Government in relation to the environment
and in particular in determining the content of Schedules to this
2.2 RESPONSIBILITIES AND INTERESTS OF THE COMMONWEALTH
2.2.1 The responsibilities and interests of the Commonwealth in
safeguarding and accommodating national environmental matters
include:
(i) matters of foreign policy relating to the environment and,
in particular, negotiating and entering into international
agreements relating to the environment and ensuring
that international obligations relating to the environment
are met by Australia;
National Environment Protection Council (Northern Territory) Act 1994 30
(ii) ensuring that the policies or practices of a State do not
result in significant adverse external effects in relation to
the environment of another State or the lands or
territories of the Commonwealth or maritime areas within
Australia's jurisdiction (subject to any existing
Commonwealth legislative arrangements in relation to
maritime areas).
(iii) facilitating the co-operative development of national
environmental standards and guidelines as agreed in
Schedules to this Agreement.
2.2.2 When considering its responsibilities and interests under
paragraph 2.2.1(ii), the Commonwealth will have regard to the role of
the States in dealing with significant adverse external effects as
determined in 2.5.5 of this Agreement, and any action taken pursuant
to 2.5.5.
2.2.3 The Commonwealth has responsibility for the management (including
operational policy) of living and non-living resources on land which the
Commonwealth owns or which it occupies for its own use.
2.3 RESPONSIBILITIES AND INTERESTS OF THE STATES
2.3.1 Each State will continue to have responsibility for the development and
implementation of policy in relation to environmental matters which
have no significant effects on matters which are the responsibility of the
Commonwealth or any other State.
2.3.2 Each State has responsibility for the policy, legislative and
administrative framework within which living and non living resources
are managed within the State.
2.3.3 The States have an interest in the development of Australia's position
in relation to any proposed international agreements (either bilateral or
multilateral) of environmental significance which may impact on the
discharge of their responsibilities.
2.3.4 The States have an interest and responsibility to participate in the
development of national environmental policies and standards.
2.4 RESPONSIBILITIES AND INTERESTS OF LOCAL GOVERNMENT
2.4.1 Local Government has a responsibility for the development and
implementation of locally relevant and applicable environmental
policies within its jurisdiction in co-operation with other levels of
Government and the local community.
2.4.2 Local Government units have an interest in the environment of their
localities and in the environments to which they are linked.
National Environment Protection Council (Northern Territory) Act 1994 31
2.4.3 Local Government also has an interest in the development and
implementation of regional, Statewide and national policies, programs
and mechanisms which affect more than one Local Government unit.
2.5 ACCOMMODATION OF INTERESTS
2.5.1 Between the States and the Commonwealth.
2.5.1.1 Where there is a Commonwealth interest in an environmental matter
which involves one or more States, that interest will be accommodated
as follows:
(i) the Commonwealth and the affected States will
cooperatively set outcomes or standards and periodically
review progress in meeting those standards or achieving
those outcomes; or
(ii) where outcomes or standards are impractical or
inappropriate, the Commonwealth may approve or
accredit a State's practices, procedures, and processes;
or
(iii) where the Commonwealth does not agree that State
practices, procedures or processes are appropriate, the
Commonwealth and the States concerned will
endeavour to agree to modification of those practices,
procedures and processes to meet the needs of both the
Commonwealth and the States concerned;
(iv) where agreement is reached between the
Commonwealth and a State under (iii) the
Commonwealth will approve or accredit that State
practice, procedure or process.
2.5.1.2 Where it has approved or accredited practices, procedures or
processes under 2.5.1.1 the Commonwealth will give full faith and
credit to the results of such practices, procedures and processes when
exercising Commonwealth responsibilities.
2.5.1.3 Where a State considers that its interests can be accommodated by
approving or accrediting Commonwealth practices, procedures or
processes, or an agreed modified form of those practices, procedures
or processes, a State may enter into arrangements with the
Commonwealth for that purpose.
2.5.1.4 Where a State has approved or accredited practices, procedures or
processes under 2.5.1.3 that State will give full faith and credit to the
results of such practices, procedures or processes when exercising
State responsibilities.
National Environment Protection Council (Northern Territory) Act 1994 32
2.5.1.5 The Commonwealth and the States note that decisions on major
environmental issues taken at one level of government may have
significant financial implications for other levels of government and
agree that consideration will be given to these implications where they
are major or outside the normal discharge of legislative or
administrative responsibilities of the level of government concerned.
2.5.1.6 Clause 2.5.1.5 applies to each of the Schedules to this Agreement.
2.5.2 International Agreements
2.5.2.1 The parties recognise that the Commonwealth has responsibility for
negotiating and entering into international agreements concerning the
environment. The Commonwealth agrees to exercise that
responsibility having regard to this Agreement and the Principles and
Procedures for the Commonwealth-State Consultation on Treaties as
agreed from time to time. In particular, the Commonwealth will consult
with the States in accordance with the Principles and Procedures, prior
to entering into any such international agreements.
2.5.2.2 The Commonwealth will, where a State interest has become apparent
pursuant to the Principles and Procedures and subject to the following
provisions not being allowed to result in unreasonable delays in the
negotiation, joining or implementation of international agreements:
(i) notify and consult with the States at the earliest
opportunity on any proposals for the development or
revision of international agreements which are relevant
to Australia and which relate to the environment and will
take into account the views of the States in formulating
Australian policy, including consultation on issues
relating to roles, responsibilities and costs;
(ii) when requested, include in appropriate cases, a
representative of the States on Australian delegations
negotiating international agreements related to the
environment. Any such representation will be subject to
the approval of the Minister for Foreign Affairs and
Trade, and will, unless otherwise agreed, be at the
expense of the States;
(iii) prior to ratifying or acceding to, approving or accepting
any international agreement with environmental
significance, consult the States in an effort to secure
agreement on the manner in which the obligations
incurred should be implemented in Australia, consistent
with the roles and responsibilities established pursuant
to this Agreement.
National Environment Protection Council (Northern Territory) Act 1994 33
2.5.2.3 The States will establish and advise the Commonwealth on the
appropriate channels of communication, and persons responsible for
consultation, to ensure that the Commonwealth can discharge its
international responsibilities in a timely manner.
2.5.2.4 When ratifying, or acceding to, approving or accepting any
international agreement with environmental significance, the
Commonwealth will consider, on a case by case basis, making the
standard Federal Statement on ratification, accession, approval or
acceptance.
2.5.3 Mechanisms for Determining Commonwealth Interests
2.5.3.1 Where a State wishes to determine whether or not an environmental
matter in that State will involve the interests of the Commonwealth and
is not covered by any established processes, that State may request
the Commonwealth to indicate whether that matter is a matter of
Commonwealth interest.
2.5.3.2 On receipt of a request from a State, the Commonwealth will consult
with that State. If the Commonwealth requires further information it will
seek such information within six weeks. The Commonwealth will, as
soon as possible, or in any event within eight weeks after receipt of the
original request, or six weeks after the provision of the further
information, as the case may be, notify the State whether or not it
considers that the matter does involve Commonwealth interests. If it
does involve Commonwealth interests, the Commonwealth will notify all
other States of the basis and scope of its interest.
2.5.3.3 Where the Commonwealth wishes to determine whether or not a
State agrees that an environmental matter in that State involves the
interests of the Commonwealth, it may seek advice from the State
concerned and the State and the Commonwealth will, if necessary,
enter into discussions on the matter within four weeks after the State
receives the request for advice.
2.5.3.4 The Commonwealth and the States recognise the importance of
responding to requests made under 2.5.3.1 and 2.5.3.3 in the shortest
possible time.
2.5.3.5 Where there is disagreement as to whether or not there is a
Commonwealth interest in an environmental matter, the
Commonwealth and the States concerned will use their best
endeavours to resolve the disagreement at First Minister level.
2.5.4 Duplication of Interests
National Environment Protection Council (Northern Territory) Act 1994 34
2.5.4.1 With a view to eliminating functional duplication, wherever the
interests of a level of Government have been accommodated, the
relevant levels of Government will review the need and justification for
retaining any comparable processes or institutions.
2.5.4.2 Where some duplication or overlap of interests between levels of
government is unavoidable, the relevant levels of Government will seek
clear and distinct liaison and consultative procedures, under
mechanisms to be agreed at First Minister level, such as Ministerial
Councils, to coordinate and harmonise actions and to avoid disputes.
2.5.4.3 Any review under clause 2.5.4.1 or liaison and consultation
procedures under 2.5.4.2 will be guided by the need to work towards
simplicity, certainty and transparency in the mechanisms relevant to the
development and implementation of environmental policy, consistent
with the maintenance of proper environmental protection.
2.5.5 Between the States
2.5.5.1 Where the policies, programs, projects, legislation or regulations of a
State may affect the environment of another State or States, the States
undertake to provide timely notification to any affected State, and
appropriate consultation in relation to those policies, programs,
projects, legislation or regulations.
2.5.5.2 Wherever significant adverse external effects on another State are
expected or identified, the relevant States will use their best
endeavours to establish appropriate mechanisms for ensuring
cooperative management.
2.5.5.3 Where the States are directly and cooperatively involved with the
management of significant adverse external effects and one or more of
the States considers that one or more of the other States are not
adequately discharging their management responsibilities, the State or
States concerned will endeavour to resolve expeditiously any issue of
disagreement or concern.
2.5.5.4 The States will if necessary determine what mechanism or process
should be employed to resolve any disagreement or matter of concern,
which mechanism or process may include inviting the Commonwealth
to assist in the resolution of the matter.
2.5.6 National Interest
2.5.6.1 Notwithstanding the particular responsibilities of the Commonwealth
in safeguarding and accommodating national environmental matters,
the parties agree that all levels of Government have a responsibility to
ensure that matters of national interest are properly taken into account
in their activities.
National Environment Protection Council (Northern Territory) Act 1994 35
SECTION 3 – PRINCIPLES OF ENVIRONMENTAL POLICY
3.1 The parties agree that the development and implementation of
environmental policy and programs by all levels of Government should
be guided by the following considerations and principles.
3.2 The parties consider that the adoption of sound environmental
practices and procedures, as a basis for ecologically sustainable
development, will benefit both the Australian people and environment,
and the international community and environment. This requires the
effective integration of economic and environmental considerations in
decision-making processes, in order to improve community well-being
and to benefit future generations.
3.3 The parties consider that strong, growing and diversified economies
(committed to the principles of ecologically sustainable development)
can enhance the capacity for environmental protection. In order to
achieve sustainable economic development, there is a need for a
country's international competitiveness to be maintained and enhanced
in an environmentally sound manner.
3.4 Accordingly, the parties agree that environmental considerations will be
integrated into Government decision-making processes at all levels by,
among other things:
(i) ensuring that environmental issues associated with a
proposed project, program or policy will be taken into
consideration in the decision making process;
(ii) ensuring that there is a proper examination of matters
which significantly affect the environment; and
(iii) ensuring that measures adopted should be cost-effective
and not be disproportionate to the significance of the
environmental problems being addressed.
3.5 The parties further agree that, in order to promote the above approach,
the principles set out below should inform policy making and program
implementation.
3.5.1 precautionary principle:
Where there are threats of serious or irreversible environmental
damage, lack of full scientific certainty should not be used as a reason
for postponing measures to prevent environmental degradation.
National Environment Protection Council (Northern Territory) Act 1994 36
In the application of the precautionary principle, public and private
decisions should be guided by:
(i) careful evaluation to avoid, wherever practicable, serious
or irreversible damage to the environment; and
(ii) an assessment of the risk-weighted consequences of
various options.
3.5.2 intergenerational equity:
the present generation should ensure that the health, diversity and
productivity of the environment is maintained or enhanced for the
benefit of future generations.
3.5.3 conservation of biological diversity and ecological integrity:
conservation of biological diversity and ecological integrity should be a
fundamental consideration.
3.5.4 improved valuation, pricing and incentive mechanisms:
• environmental factors should be included in the valuation of assets and
services
• polluter pays i.e. those who generate pollution and waste should bear
the cost of containment, avoidance, or abatement
• the users of goods and services should pay prices based on the full life
cycle costs of providing goods and services, including the use of
natural resources and assets and the ultimate disposal of any wastes
• environment goals, having been established, should be pursued in the
most cost effective way, by establishing incentive structures, including
market mechanisms, which enable those best placed to maximise
benefits and/or minimise costs to develop their own solutions and
responses to environmental problems.
SECTION 4 – IMPLEMENTATION AND APPLICATION OF PRINCIPLES
4.1 The Schedules to this Agreement deal with specific areas of
environmental policy and management and form part of this
Agreement. The schedules have been prepared and are to be
interpreted in accordance with Sections 1, 2 and 3 of this Agreement.
4.2 Nothing in this Agreement will affect any existing intergovernmental
agreement between the Commonwealth and a State or States, or
between the States, unless alterations or amendments to those
agreements are proposed in accordance with any existing review
National Environment Protection Council (Northern Territory) Act 1994 37
process and/or any review process arising as a result of this
4.3 For each particular Schedule included in this Agreement, the
Commonwealth and the States undertake to nominate an agency or
Ministry to assume primary responsibility within its jurisdiction for the
issues covered in the Schedule and to inform the other parties
accordingly.
4.4 Where not otherwise provided in the Schedules, existing
intergovernmental arrangements will be the primary mechanisms for
the cooperative application of the provisions of this Agreement.
SECTION 5 – REVIEW
5.1 The operation of this Agreement will be reviewed every three years by
the presentation of a report from the relevant Ministerial Councils to the
First Ministers following consultation by the Chair of the Ministerial
Council with the President of the Australian Local Government
Association.
5.2 The Agreement may be amended and schedules added by agreement
of all First Ministers. Prior to making amendments in relation to matters
specified in this Agreement, or developing any draft schedules, that
involve local government, First Ministers will consult and seek the
agreement of the President of the Australian Local Government
Association.
IN WITNESS WHEREOF this Agreement has been respectively signed for
and on behalf of the parties as at the day and year first above written.
SIGNED by the Honourable PAUL
JOHN KEATING, Prime Minister
of the Commonwealth of Australia
)
)
SIGNED by the Honourable
NICHOLAS FRANK GREINER, Premier
of the State of New South Wales
)
)
SIGNED by the Honourable JOAN
ELIZABETH KIRNER, Premier of the
State of Victoria
)
)
SIGNED by the Honourable WAYNE
KEITH GOSS, Premier of the
State of Queensland
)
)
SIGNED by the Honourable CARMEN
MARY LAWRENCE, Premier of the
)
National Environment Protection Council (Northern Territory) Act 1994 38
State of Western Australia omitted
)
SIGNED by the Honourable JOHN
CHARLES BANNON, Premier of the
State of South Australia
)
)
SIGNED by the Honourable RAYMOND
JOHN GROOM, Premier of the State
of Tasmania
)
)
National Environment Protection Council (Northern Territory) Act 1994 39
SIGNED by ROSEMARY FOLLETT
Chief Minister of the
)
)
SIGNED by the Honourable MARSHALL
BRUCE PERRON, Chief Minister
of the Northern Territory
ACCEPTANCE OF THE AGREEMENT BY THE
NORTHERN TERRITORY IS SUBJECT TO THE
RESERVATIONS SET OUT IN ANNEXURE A
OF THIS AGREEMENT
)
)
SIGNED by Councillor GRAEME
BLATCHFORD FRECKER, President
of the AUSTRALIAN LOCAL
GOVERNMENT ASSOCIATION
)
)
National Environment Protection Council (Northern Territory) Act 1994 40