Schedule 4 National environment protection measures
General Purpose
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
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.
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;
National Environment Protection Council (Northern Territory) Act 1994 46
(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.
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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;
(iii) an assessment of the economic and social impact on the
community and industry as a result of establishing the
measures;
(iv) the manner in which any regional environmental
differences in Australia have been addressed in the
development of the measures.
11. The Authority will notify the public of the availability of the draft
measures and the associated impact statement and invite comment
thereon within a specified time.
12. When finalising any measures, the Authority will give consideration to
the impact statement and any comment received on the draft measures
or the impact statement.
13. The Commonwealth undertakes to table in its Parliament (in
accordance with the Commonwealth's existing practices in relation to
delegated legislation) all measures established by the Authority, and to
use its best endeavours to ensure their acceptance by the
Commonwealth Parliament.
14. The tabling of any measures in the Commonwealth Parliament will be
accompanied by an impact statement covering the matters referred to
in clause 10 and a summary of public comment received and the
response to those comments.
15. Either House of the Commonwealth Parliament can disallow any
measure established by the Authority within a specified time.
16. The Commonwealth and the States agree to develop for consideration
by First Ministers under clause 23, legislation which will enable the
Commonwealth and State Parliaments to authorise the Authority to
establish any measures. The legislation will also establish
mechanisms for the application of measures in the States. The
legislation will ensure that any measures established by the Authority:
(a) will apply, as from the date of the commencement of the measure,
throughout Australia, as a valid law of each jurisdiction; and
National Environment Protection Council (Northern Territory) Act 1994 48
(b) will, subject to clause 20, replace any existing measures dealing
with the same matter.
** See Northern Territory reservation at end of document.
Implementation, Enforcement, Impact and Reporting in Relation to
National Measures
17. The Commonwealth and the States will be responsible for the
attainment and maintenance of agreed national standards or goals and
compliance with national guidelines within their respective jurisdictions
through appropriate mechanisms such as Commonwealth and State
environment protection bodies.
18. The Commonwealth and the States agree to establish a uniform
hierarchy of offences and related penalty structures to apply to
breaches of any requirements applied under any agreed law for the
purposes of complying with the standards, guidelines or goals.
19. The measures established and adopted in accordance with the above
procedure will not prevent the Commonwealth or a State from
introducing more stringent measures to reflect specific circumstances
or to protect special environments or environmental values located
within its jurisdiction provided there has been consultation with the
Authority.
20. Nothing in this Agreement will prevent a State or the Commonwealth
maintaining existing more stringent standards which are in effect at the
date when the Authority comes into existence.
21. The Commonwealth and the States will prepare an annual report on
the measures they adopt to attain and maintain the standards,
guidelines, goals or protocols established pursuant to this Agreement
and submit that report by 30 September each year to the Authority.
22. The Authority will prepare an annual report which includes the reports
received from the Commonwealth and the States. The annual report
will be tabled in all Parliaments, through the respective Ministers who
are members of the Authority.
Action to Implement Agreements in the Schedule
23. Within twelve months of the execution of this Agreement the Working
Group on Environmental Policy will, for the consideration of First
Ministers:
(i) prepare draft legislation to implement the agreements
reached in this Schedule; and
National Environment Protection Council (Northern Territory) Act 1994 49
(ii) develop arrangements for consultation with relevant
Commonwealth and State authorities, the Australian
Local Government Association, and Ministerial Councils.
24. The Working Group on Environmental Policy will, when submitting the
draft legislation to First Ministers, also submit a report on the financial
arrangements necessary to give effect to the agreements set out in this
Schedule.
25. Once the legislation referred to in clause 23 has been agreed to by
First Ministers, the Commonwealth and the States will submit to their
Parliaments, and take such steps as are appropriate to secure the
passage of, the Bills containing this legislation.
Definitions
26. For the purposes of this Schedule:
(i) a standard is a quantifiable characteristic of the
environment against which environmental quality is
assessed. Standards are mandatory;
(ii) a goal is a desired environmental outcome adopted to
guide the formulation of strategies for the management
of human activities which may affect the environment;
(iii) a guideline provides guidance on possible means of
meeting desired environmental outcomes. Guidelines
are not mandatory;
(iv) a protocol is the description of a process to be followed
in measuring environmental characteristics to determine
whether a standard or goal is being achieved or the
extent of the differential between the measured
characteristic and a standard or goal.
National Environment Protection Council (Northern Territory) Act 1994 50
Schedule Sch 4 - National Environment Protection Council (Northern Territory) Act 1994 - National environment protection measures | Zoe