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
44 National Environment Protection Council NEPC Acts Third Review 2012 The desired approach should be specified in a National Environment Protection Measure to provide clarity, ensure appropriate implementation and enable clear reporting against objectives. Flexibility in implementation to meet specific jurisdictional requirements and to integrate implementation with existing jurisdictional systems is a strength of the current framework. However, there is the opportunity to improve environmental outcomes and reduce business costs by more consistent implementation while still retaining flexibility where this is needed. The review notes that, under the Council of Australian Governments priority on Seamless Environmental Regulation, agencies are focusing on practical measures to harmonise environmental regulation. Depending on the specific issues considered by each National Environment Protection Measure, there may be areas which are a priority for consistency in implementation. For example, industry has previously identified movement of wastes between jurisdictions as an area for focus on harmonisation. The Movement of Controlled Waste National Environment Protection Measure covers the movement of certain wastes between jurisdictions and provides a basis for consistency; however, further coordinating implementation is likely to improve these outcomes. It is proposed that consideration be given to amending the National Environment Protection Council Acts to include a power to make regulations to implement National Environment Protection Measures. 4.6 CONCLUSIONEFFECTIVENESS OF THE NATIONAL ENVIRONMENT PROTECTION MEASURES SYSTEM This review has found that National Environment Protection Measures can be valuable instruments giving nationally consistent legislative underpinning to support jurisdictional regulation. This is particularly true in relation to developing National Environment Protection Measures around ambient environmental quality standards; provision of guidance where legislative underpinning is valuable; and formalising an agreement to introduce consistent regulatory requirements. The objects of the Act are high level and National Environment Protection Measures are only one element in strategies to improve environmental quality, so it is often difficult to assess their effectiveness. The strengths of the National Environment Protection Measures system are longevity, flexibility, and the provision of statutory underpinning. The limitations of the National Environment Protection Measures system are relatively narrow scope, costliness to develop and implement both financially and in terms of time, and inflexibility. Implementation is the key to achieving the objects of the Act. While the Act does not preclude greater cooperation on implementation, it is not designed to facilitate this.