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
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49 National Environment Protection Council NEPC Acts Third Review 2012 the decision regulation impact statement should provide a clear statement as to which is the preferred option and why the decision regulation impact statement should provide information on how the preferred option would be implemented, monitored and reviewed. Interactions between the preferred option and existing regulation of the sector should be clearly identified. ROLE OF THE OFFICE OF BEST PRACTICE REGULATION IN A DECISION REGULATION IMPACT STATEMENT The decision regulation impact statement must be forwarded to the Office of Best Practice Regulation for clearance prior to a decision being made by a ministerial council. The Office of Best Practice Regulation will assess if the decision regulation impact statement meets the Council of Australian Governments regulation impact statement requirements, including whether the: Council of Australian Governments regulation impact statement guidelines have been followed analysis is robust and the depth of analysis is commensurate with the potential economic and social impacts of the proposal regulation impact statement presents the analysis in a balanced manner and whether the conclusions and recommendations are reasonable, on the balance of the evidence presented. LEGISLATIVE INSTRUMENTS ACT 2003 National Environment Protection Measures are legislative instruments under the Commonwealth Legislative Instruments Act 2003, which also sets out consultation requirementsthat is, that the lawmakers ensure that persons likely to be affected by the proposed instrument have an adequate opportunity to comment on its proposed content. Given the exhaustive process put in place by the Council of Australian Governments and Office of Best Practice Regulation around public consultation and analysis of the potential impacts of measures such as National Environment Protection Measures, the process put in place by the National Environment Protection Council Act is duplicative and redundant. STREAMLINED PROCESSES The review notes that the existing arrangements in the National Environment Protection Council Act are duplicative with other consultation requirements and proposes that the Acts should adopt alternative, less prescriptive processes for making, varying or revoking National Environment Protection Measures. This would enable better alignment with consultation processes specified by the Council of Australian Governments and relevant legislation such as the Commonwealth Legislative Instruments Act 2003.
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