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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

Details:

Title

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

Other title

Tabled paper 599

Collection

Tabled papers for 12th Assembly 2012 - 2016; Tabled papers; ParliamentNT

Date

2013-10-17

Description

Deemed

Notes

Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.

Language

English

Subject

Tabled papers

File type

application/pdf

Use

Copyright

Copyright owner

See publication

License

https://www.legislation.gov.au/Details/C2019C01116

Parent handle

https://hdl.handle.net/10070/275013

Citation address

https://hdl.handle.net/10070/424650

Page content

3 National Environment Protection Council NEPC Acts Third Review Response 2013 FIRST TERM OF REFERENCE: A REVIEW OF THE OPERATION OF THE NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT AS REQUIRED BY SECTION 64(1)(A): THE OPERATION OF THIS ACT AND THE ACT OF EACH OTHER PARTICIPATING JURISDICTION THAT CORRESPONDS TO THIS ACT RECOMMENDATION 3.7 COUNCIL OF AUSTRALIAN GOVERNMENTS REFORMS Consider amendments that give effect to adopting the Council of Australian Governments decision to remove any reference to the National Environment Protection Council in the Act and replace it 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. Response The National Environment Protection Council agrees in principle with the recommendations. Given that the Act will retain provision for a statutory decisionmaking body, consideration will be given as to how best to refer to this body while providing for future changes to Council of Australian Governments Ministerial Councils. The National Environment Protection Council agrees [with this recommendation and] that the Acts should retain a process for developing National Environment Protection Measures and potentially other future national decisions. Also, the Act will retain the provision that decisions around making National Environment Protection Measures require the support of at least two-thirds of the members. RECOMMENDATION 5.2 EFFICIENCY OF NATIONAL ENVIRONMENT PROTECTION MEASURE PROCESSES AND STREAMLINING CONSULTATION PROCESSES The National Environment Protection Council Act should be amended to remove prescriptions around public consultation, and development of impact statements, while retaining the requirement for consultation. Further: - the nature and extent of consultation should be determined by the National Environment Protection Council, Council of Australian Government specified consultation processes, relevant legislation such as the Commonwealth Legislative Instruments Act 2003 and any other requirements for consultation as may be in effect from time to time