Report of the Third Review of the National Environment Protection Council Acts (Commonwealth State and Territory) December 2012 National Environment Protection Council Response to the Report of the Third Review of the National Protection Council Acts
Tabled paper 599
Tabled papers for 12th Assembly 2012 - 2016; Tabled papers; ParliamentNT
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4 National Environment Protection Council NEPC Acts Third Review 2012 COUNCIL OF AUSTRALIAN GOVERNMENTS REFORMS PART 3 Since the National Environment Protection Council Act came into effect in 1994, there have been a number of changes to the purposes and membership of overarching ministerial councils. It is important that the ministerial decision-making body oversighting the making of National Environment Protection Measures is considered in the context of the ministerial council system determined by the Council of Australian Governments. The Council of Australian Governments has asked that references to ministerial councils that pre-date commencement of the new council system on 13 February 2011 be amended by 30 June 2016. It has requested that references be amended to refer instead to the Ministers with responsibility for . This change should be considered in the context of proposals to use the National Environment Protection Council as a vehicle for making national statutory decisions, such as that considered as part of the Council of Australian Governments chemical reforms proposals. This change will require substantial redrafting of the Acts, with the focus on providing a framework for National Environment Protection Measures and potentially other national approaches, rather than on establishing the National Environment Protection Council. Consider amendments that give effect to adopting the Council of Australian Governments decision to remove any references to the National Environment Protection Council in the Act and replace them with references to Ministers with responsibility for environment protection. The Acts should retain a process for developing National Environment Protection Measures and potentially other future national decisions. EFFECTIVENESS OF THE NATIONAL ENVIRONMENT PROTECTION MEASURES SYSTEM AS A FRAMEWORK FOR ACHIEVING NATIONAL CONSISTENCY, NOW AND IN THE FUTUREPART 4 The National Environment Protection Measures framework provides a unique cooperative mechanism to establish consistent national standards, requirements, guidelines and protocols for environment protection, with flexibility in implementation to meet specific jurisdictional requirements. The Acts provide an important statutory basis for this and define roles and processes for development, review and implementation. The Acts have worked well to date and the National Environment Protection Measures framework is a useful tool for environmental protection. Stakeholder feedback in relation to existing National Environment Protection Measures has generally been supportive of their retention as a basis for consistent national standards and guidelines. This is particularly the case in relation to ambient
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