Territory Stories

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

42 National Environment Protection Council NEPC Acts Third Review 2012 The review found that there is a reform opportunity to enhance the toolkit available to support national action for environment protection. In particular, the opportunities include: broadening the application of the existing National Environment Protection Measures framework amending other legislation or developing new legislation to support action on current Standing Council on Environment and Water priorities (as outlined above). Note that in considering legislative proposals to address current Standing Council on Environment and Water priorities a framework approach should be considered to maximise the future use and application of the tools. This would complement other frameworks for national action on environmental matters such as the Commonwealth Product Stewardship Act. Without such reforms the future use of National Environment Protection Measures is likely to be limited to the existing scope and application. 4.5 IMPLEMENTATION OF NATIONAL ENVIRONMENT PROTECTION MEASURES Once made by the National Environment Protection Council, each National Environment Protection Measure is tabled in, and subject to disallowance by, the Commonwealth Parliament. The National Environment Protection Council Acts provide that it is the parliaments intention that National Environment Protection Measures will be implemented by such laws and other arrangements as are necessary. However, the Acts do not themselves provide the basis for regulatory action to implement National Environment Protection Measures. How each jurisdiction chooses to implement a National Environment Protection Measure varies between jurisdictions. A common approach is to adopt a National Environment Protection Measure by reference in specific legislation. For example, section 17A of the Victorian Environment Protection Act 1970 provides that, by Order, any National Environment Protection Measure in force at a particular time or in force from time to time, with or without modification, may be incorporated in a state environmental protection policy. A less common approach is to adopt all National Environment Protection Measures by reference. For example, section 12A of the Tasmanian State Policies and Projects Act 1993 provides that a National Environment Protection Measure is taken to be a state policy and is taken to have been approved by both houses of parliament. For the Commonwealth, the National Environment Protection Measures (Implementation) Act 1998 provides a basis to apply National Environment Protection Measures to its activities and to apply state and territory laws as necessary. This variable approach to implementation is both a strength and a weakness of the National Environment Protection Measures framework. The framework allows for jurisdictions to apply the measures consistently with regional differences, with solutions tailored to the relevant jurisdictional circumstances. The ability of a National


Aboriginal and Torres Strait Islander people are advised that this website may contain the names, voices and images of people who have died, as well as other culturally sensitive content. Please be aware that some collection items may use outdated phrases or words which reflect the attitude of the creator at the time, and are now considered offensive.

We use temporary cookies on this site to provide functionality.
By continuing to use this site without changing your settings, you consent to our use of cookies.