Sch 4

SCHEDULE 4 NATIONAL ENVIRONMENT PROTECTION MEASURES 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.** ** See Northern Territory reservation at end of document. 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; (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 (b) will, subject to clause 20, replace any existing measures dealing with the same matter. 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 (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.