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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9 National Environment Protection Council NEPC Acts Third Review Response 2013 implementation can strengthen environmental outcomes and reduce business costs. Where greater consistency in implementation is of benefit, particularly when inconsistent implementation has a negative impact on business, it is recommended that jurisdictions: - work together to pursue opportunities to improve and harmonise implementation of National Environment Protection Measures including improved regulatory practice - ensure timely translation of National Environment Protection Measure requirements into jurisdictional instruments. Response The National Environment Protection Council agrees with the recommendations. Consideration will be given to the establishment of a cross-jurisdictional group (for example heads of environment protection agencies) to work collaboratively to promote the consistency of implementation frameworks. Each National Environment Protection Measure should specify the broad approach to implementation (uniform, consistent, or harmonised) to provide clarity, allow appropriate implementation and enable clear reporting against objectives. Depending on the specific issues addressed by each National Environment Protection Measure, there may be areas where uniformity of approach is a priority. RECOMMENDATION 5.1 NATURE AND FORM OF NATIONAL ENVIRONMENT PROTECTION MEASURES A contemporary model for National Environment Protection Measures should be developed that focuses on outcomes and allows for flexibility to enable rapid update as new information becomes available. Any new model should ensure National Environment Protection Measures contain a clear outcome statement with goals, key performance indicators, standards and/or high-level protocols. Technical monitoring and reporting processes should be included in separate subordinate instruments that can be readily amended or updated when required, while still providing certainty for business. Formal regulation impact statements or Office of Best Practice Regulation mechanisms may not be required where there is no significant business impact. Response The National Environment Protection Council agrees with the recommendations. For every National Environment Protection Measure, the object to be achieved, the desired outcome sought, the key performance indicators, reporting requirements and review/evaluation mechanisms should be specified. Detailed processes or complex methodologies will be investigated for incorporation into other instruments. A risk-based approach to developing and varying National Environment Protection Measures should be adopted to optimise the balance between National Environment Protection Measures that are sufficiently detailed to provide guidance to stakeholders and yet enable rapid/ cost-effective amendment to respond to changed circumstances and knowledge.