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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

40 National Environment Protection Council NEPC Acts Third Review 2012 The individual National Environment Protection Measure reviews and the National Environment Protection Council annual report cover each National Environment Protection Measure in detail; therefore this review has focused on the effectiveness of National Environment Protection Measures as a whole. National Environment Protection Measures deal with a range of needs, so the National Environment Protection Measure instruments themselves vary significantly. Each measure is discussed in turn in Attachment D, with a focus on considering how the measure supports the object of the National Environment Protection Council Acts. 4.3 SCOPE AND EFFECTIVENESS OF THE NATIONAL ENVIRONMENT PROTECTION MEASURES SYSTEM There have been no new National Environment Protection Measures made since 2004 and, while National Environment Protection Measures are being considered as an option under current processes to develop new measures, it is considered unlikely that new National Environment Protection Measures will be pursued in the near future. National Environment Protection Measures have been considered as a tool to address a range of issues such as emission reduction standards for nonroad diesel engines, non-road spark engines and equipment, wood heaters and surface coatings (and are options in current regulation impact statements) but are not currently the preferred instrument where consistent implementation is a key requirement. In the last eight years the National Environment Protection Council system has been limited to maintenance of existing measures and it is likely that, without changes to the scope of the National Environment Protection Council Act, this will continue to be the case. The potential usefulness of National Environment Protection Measures is compromised because the defined scope of the National Environment Protection Council Act (under section 14) is becoming progressively outdated or shifted. The Mutual Recognition Act 1992 and supporting state and territory implementation legislation and the Trans-Tasman Mutual Recognition Act 1997 in particular require consistency of legislation in relation to the regulation of products and occupational licenses. The fundamental purpose of mutual recognition is to promote economic integration and increased trade between participants by reducing regulatory impediments to the movement of goods and people in registered occupations across jurisdictions. In broad terms, under mutual recognition arrangements, goods produced in or imported into one state or territory or New Zealand that may lawfully be sold in that jurisdiction may be sold in any other state or territory or New Zealand. Similarly, a person registered to practise an occupation in one state or territory is entitled to be registered to practise an equivalent occupation in another jurisdiction. The extent to which the National Environment Protection Council can make National Environment Protection Measures is prescribed in the Act. The Act currently provides that the National Environment Protection Council may, by instrument in writing, make a measure, to be known as a National Environment Protection Measure, that relates to any one or more of the following: ambient air quality


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