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
16 National Environment Protection Council NEPC Acts Third Review 2012 EFFICIENCY OF NATIONAL ENVIRONMENT PROTECTION MEASURE PROCESSES AND STREAMLINING CONSULTATION PROCESSES (5.2) 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 National Environment Protection Council and Council of Australian Governments specified consultation processes, relevant legislation such as the Commonwealth Legislative Instruments Act 2003 and any other requirements for consultation that may be in effect from time to time - the National Environment Protection Council should retain the ability to introduce any additional consultation mechanisms and impact statements as it sees fit - consideration should be given to a streamlined National Environment Protection Measure revocation process or a specific sunset period. MAKING, AMENDING AND REVOKING NATIONAL ENVIRONMENT PROTECTION MEASURES (5.4) 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 ten 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 the National Environment Protection Measures or their formal revocation under section 20 of the Commonwealth National Environment Protection Council Act 1994.