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
10 National Environment Protection Council NEPC Acts Third Review 2012 MAKING, AMENDING AND REVOKING NATIONAL ENVIRONMENT PROTECTION MEASURES (5.4) The process of revoking a National Environment Protection Measure is the same as the process of making a National Environment Protection Measure, including the requirement to prepare a draft of the proposed revocation and consult on an impact statement. This process is a significant barrier to revoking otherwise redundant regulation. While no National Environment Protection Measure has been revoked to date, the review has found that the Air Toxics and Diesel Vehicle Emissions National Environment Protection Measures in particular are close to having achieved their outcomes. Consideration should be given to the review of the Air Toxics and Diesel Vehicle Emissions National Environment Protection Measures to determine whether they are required in current or amended form to meet future needs or whether revocation should be considerednoting, for example, that the Air Toxics National Environment Protection Measure eight-year review is due in 2012. When making or reviewing a National Environment Protection Measure, the National Environment Protection Council should consider including: a sunset clause for National Environment Protection Measures that by their nature have a limited operational life a requirement for review within a specified period where the nature of the National Environment Protection Measure is such that, subject to assessment of its effectiveness and efficiency, the measure should be ongoing. In this case the National Environment Protection Measure should specify that it will be reviewed within 10 years review of National Environment Protection Measures should focus on policy and implementation as well as the detailed scientific methodologywith the aim of determining the ongoing need for each National Environment Protection Measure and moving towards better and more responsive frameworks National Environment Protection Measures should be revoked if no longer necessary and the National Environment Protection Council Act should be amended to allow for a streamlined process to revoke National Environment Protection Measures, making provision for flexibility on the method of public consultation consideration should be given to the ongoing costs and benefits of the Air Toxics National Environment Protection Measure and the Diesel Vehicle Emissions National Environment Protection Measure. The National Environment Protection Council should be advised on the desirability and timing of review and variation of these National Environment Protection Measures or their formal revocation under section 20 of the National Environment Protection Council Act.