Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the National Environment Protection Council (South Australia) Act 1995. 3—Object of Act The object of this Act is to ensure that, by means of the establishment and operation of the National Environment Protection Council— (a) people enjoy the benefit of equivalent protection from air, water or soil pollution and from noise, wherever they live in Australia; and (b) decisions of the business community are not distorted, and markets are not fragmented, by variations between participating jurisdictions in relation to the adoption or implementation of major environment protection measures. 4—Act to bind Crown This Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, in all its other capacities. 5—Interpretation An expression used in the Commonwealth Act has, when used in this Act (unless the contrary intention appears), the same meaning as in the corresponding provision of the Commonwealth Act. 6—Definitions (1) In this Act, unless the contrary intention appears— Agreement means the agreement made on 1 May 1992 between the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association, a copy of which is set out in Schedule 1; Australian Local Government Association means the Australian Local Government Association Limited; Commonwealth Act means the National Environment Protection Council Act 1994 of the Commonwealth; Council means the National Environment Protection Council established by section 8; member means a member of the Council; Ministerial Council means a council, comprising one or more Ministers of the Commonwealth and Ministers of one or more of the States or Territories, that includes environmental protection in its functions; minor variation, in relation to a national environment protection measure, means a decision made under section 22A(1) to vary a national environment protection measure; national environment protection goal means a goal— (a) that relates to desired environmental outcomes; and (b) that guides the formulation of strategies for the management of human activities that may affect the environment; national environment protection guideline means a guideline that gives guidance on possible means for achieving desired environmental outcomes; national environment protection measure means a measure made under section 14(1); national environment protection protocol means a protocol that relates to the process to be followed in measuring environmental characteristics to determine— (a) whether a particular standard or goal is being met or achieved; or (b) the extent of the difference between the measured characteristic of the environment and a particular standard or a particular goal; national environment protection standard means a standard that consists of quantifiable characteristics of the environment against which environmental quality can be assessed; NEPC Committee means the committee established by section 29; NEPC Executive Officer means the person who, from time to time, holds the office of NEPC Executive Officer established by section 39 and includes a person acting in that office; NEPC Service Corporation means the Corporation referred to in section 35; participating jurisdiction means the Commonwealth, a participating State or a participating Territory; participating State means a State— (a) that is a party to the Agreement; and (b) in which an Act that corresponds to this Act is in force in accordance with the Agreement; participating Territory means a Territory— (a) that is a party to the Agreement; and (b) in which an Act that corresponds to this Act is in force in accordance with the Agreement; Service Corporation means the NEPC Service Corporation; Territory means the Australian Capital Territory or the Northern Territory. (2) A reference in this Act to the implementation of national environment protection measures includes a reference to the enforcement of the laws and other arrangements made for the purpose of implementing those measures. (3) In this Act, a reference to a Commonwealth Act includes a reference to— (a) that Commonwealth Act as amended and in force for the time being; and (b) an Act enacted in substitution for that Act. 7—Implementation of national environment protection measures It is the intention of Parliament that the State will, in compliance with its obligations under the Agreement, implement, by such laws and other arrangements as are necessary, each national environment protection measure in respect of activities that are subject to State law (including activities of the State and its instrumentalities).