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
2013-10-17
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https://www.legislation.gov.au/Details/C2019C01116
https://hdl.handle.net/10070/275013
https://hdl.handle.net/10070/424650
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
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